Justice body chair 'unfit to fulfil duties' after Andrew Malkinson case, says justice sec

The chair of the body that assesses miscarriages of justices is “unfit to fulfil her duties” following failings in the Andrew Malkinson case, the justice secretary has said.

A review into how Mr Malkinson was treated showed he had been “failed” by the the Criminal Cases Review Commission (CCRC) after he served 17 years in jail for a rape he did not commit, and he could have been exonerated over a decade earlier had the organisation acted properly.

Justice Secretary Shabana Mahmood said she was now seeking to remove CCRC chair Helen Pitcher from her role following the findings.

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Mr Malkinson said the report “lays bare how the CCRC obstructed my fight for justice and cost me an extra decade wrongly imprisoned”.

He added: “If Helen Pitcher and her leadership team won’t resign after a scathing report like this, they should be sacked.”

Mr Malkinson was jailed for seven years back in 2003 after he was found guilty of an attack on a woman in Greater Manchester.

But he stayed in jail for another decade because he maintained his innocence, and was only released in 2020.

His case hit the headlines in 2023 when his charges were quashed after new DNA evidence potentially linked another man to the crime.

A 48-year-old from Exeter was arrested and released under investigation, with Greater Manchester Police saying a file had been passed to the Crown Prosecution Service for consideration.

Legal charity Appeal had helped Mr Malkinson apply for his case to be reviewed by the CCRC in 2009 over crucial DNA evidence that had been available since 2007, but had no match on police databases.

However, after a three-year long review, the commission refused to carry out additional forensic tests or to send the case for appeal due to concerns over the cost. The organisation then rejected a second application for a review in 2020.

Chris Henley KC, who led the review into the CCRC’s handling of the case said there had been a string of “serious” failings and missed chances to right the wrongs of the conviction, going back to the first case review request in 2009.

“The CCRC failed him,” said Mr Henley. “It required Appeal to obtain the new DNA evidence that ultimately resulted in the further work that led to the referral by the CCRC. It would not have happened otherwise.

“The opportunity to have this case referred in 2009 was missed, and a further opportunity to look again at the DNA evidence when the second application was received in 2018 was not taken.”

The head of Appeal James Burley said the findings were “utterly damning, calling the CCRC a “broken safety net”.

He added: “The new justice secretary should bring in a fresh leadership team at the CCRC that is serious about rooting out wrongful convictions.”

Ms Mahmood said the report was “sobering to read”, adding: “My thoughts are with both Andrew Malkinson and the victim of this horrific crime.

“Having studied Chris Henley’s report closely, it is my firm view that Helen Pitcher is unfit to fulfil her duties as chair of the CCRC. I have therefore begun the process to seek her removal from that position.”

Ms Pitcher received the report in April and offered Mr Malkinson an “unreserved apology”, saying it was “clear the commission failed Mr Malkinson”.

She added: “Nobody can begin to imagine the devastating impact that this wrongful conviction has had on Mr Malkinson’s life, and I am deeply sorry for the additional harm caused by our handling of the case.

“On behalf of the commission, I offer my deepest regret.”

Responding to the report, the CCRC said: “We will learn from the mistakes that were made”, adding: “Mr Henley’s recommendations will be acted upon, and work to address them has already started.”

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