Inquiry to be held into Malkinson wrongful rape conviction

1 year ago 26

Andrew MalkinsonImage source, PA Media

Image caption,

Andrew Malkinson fought for 20 years - 17 of them down bars - to beryllium his innocence

By Dominic Casciani

Home and ineligible correspondent

An enquiry has been announced into 1 of the worst miscarriages of justness successful modern times.

Andrew Malkinson spent 17 years successful jailhouse for a rape helium did not commit.

He was declared guiltless past month aft the Court of Appeal heard allegations of large failures.

The justness caput said the enquiry would analyse the actions of the Crown Prosecution Service, Greater Manchester Police and the Criminal Cases Review Commission implicit the past 20 years.

Alex Chalk added that it would beryllium a non-statutory investigation, meaning it would not beryllium successful nationalist and could not compel witnesses to springiness evidence.

However, helium said it would beryllium led by a elder ineligible fig and each the agencies progressive successful the lawsuit had promised afloat cooperation.

The seat volition beryllium appointed successful the coming weeks successful the anticipation that a study tin beryllium finished and published by the extremity of the year.

Mr Malkinson said helium welcomed the autarkic enquiry "because I privation afloat answers and accountability from each those who played a relation successful the injustice I suffered".

Jailed successful 2004 for an onslaught connected a pistillate successful Salford, Mr Malkinson served astir 2 decades successful situation for a transgression helium ever said helium did not commit.

In January, his lawsuit was referred to the Court of Appeal aft caller grounds pointed to different imaginable suspect.

The archetypal Mr Malkinson knew of the transgression was erstwhile helium was arrested successful his hometown of Grimsby, 2 weeks aft the battle and attempted execution successful Salford.

He had been successful the country astatine the time, moving temporarily arsenic a information guard.

Mr Malkinson was recovered blameworthy pursuing a proceedings successful 2003 and sentenced to beingness with a minimum word of 7 years. However, helium served a further 10 years successful jailhouse aft his tariff expired.

He had antecedently applied doubly for his lawsuit to beryllium reviewed by the Criminal Cases Review Commission (CCRC) but helium was turned down, yet being released from situation successful December 2020.

Media caption,

Watch: Andrew Malkinson's rape condemnation is overturned

Following the enquiry announcement, helium said his lawsuit showed "the constabulary cannot beryllium trusted to analyse impartially oregon enactment arsenic faithful gatekeepers to the evidence", adding: "It besides shows that the CCRC, which could person spared maine years of beingness down bars, is not acceptable for purpose."

Explaining that helium "had to instrumentality the constabulary to tribunal doubly to unit them to manus implicit evidence", Mr Malkinson said the Criminal Cases Review Commission (CCRC) had truthful acold "refused to apologise and instrumentality accountability".

"So people I americium acrophobic that witnesses from these agencies whitethorn not cooperate and manus implicit each the evidence," helium added.

Mr Malkinson said helium wants to spot "serious, profound changes successful our justness strategy coming retired of this".

His solicitor, Kate Maynard, besides welcomed the enquiry into the failings successful his lawsuit but said "we regret that it is not a afloat nationalist enquiry held nether the Inquiries Act 2005".

She explained: "Only an enquiry held nether statute tin compel witnesses and disclosure.

"Given his acquisition warring for justice, Andy has made wide his concerns that without this power, the individuals and institutions progressive whitethorn question to obstruct and evade responsibility. The lessons from different non-statutory inquiries suggest that this fearfulness whitethorn go a reality."

Ms Maynard said it was captious that Mr Malkinson beryllium "given a dependable successful finalising" however the enquiry was carried out.

Image caption,

Andy Malkinson's custody representation 2 weeks aft the rape - and the e-fit of the suspect

Justice Secretary Alex Chalk said the 57-year-old had "suffered an atrocious miscarriage of justice" and deserved "thorough and honorable answers arsenic to however and wherefore it took truthful agelong to uncover".

Greater Manchester Police Chief Constable Stephen Watson said the force's information would beryllium "fulsome and reflective of integrity, candour and humility".

He said: "I americium precise atrocious that Mr Malkinson has suffered truthful grievously implicit these past galore years.

"I admit and regret the precise hard and prolonged travel that Mr Malkinson has had to undertake to beryllium his innocence. This appalling miscarriage of justness merits the astir elaborate scrutiny."

Max Hill KC, Director of Public Prosecutions, pledged the afloat practice of Crown Prosecution Service, adding that it was committed to "supporting the caller probe and bringing the close offender to justice".

CCRC chair, Helen Pitcher OBE, said each organisation progressive successful Mr Malkinson's lawsuit should "fully embrace" the reappraisal and perpetrate to implementing immoderate recommendations it draws.

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