Judge appointed to chair Andrew Malkinson miscarriage of justice public inquiry

A judge has been appointed to chair a public inquiry set to examine the circumstances and handling of the Andrew Malkinson miscarriage of justice case,^[1] it was revealed today.

Mr Malkinson, now 57, spent 17 years behind bars for a rape that he didn’t commit. He had always denied carrying out the violent attack on a woman by the M61 motorway in Little Hulton, Salford ^[2], in July of 2003.

But in 2004, he was found guilty by a jury and jailed for life, with a minimum term of seven years. Mr Malkinson remained in prison for a further 10 years after maintaining his innocence, despite no DNA evidence linking him to the crime.

His case was referred to the Court of Appeal in January by the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, after new DNA evidence was discovered. Then, in July, three top judges sitting at the Court of Appeal quashed his rape conviction 20 years later.

It was confirmed today Her Honour Judge Sarah Munro KC has been appointed as chair for the Inquiry, which the Government said will look at the actions of police, prosecutors and the appeals review body ^[5] in relation to the case.

(Image: PA)

A statement said: “The inquiry will investigate the handling and role of Greater Manchester Police ^[6] (GMP), the Crown Prosecution Service (CPS), and the Criminal Cases Review Commission (CCRC) in Mr Malkinson’s conviction and subsequent appeal to ensure lessons are learned from the significant miscarriage of justice he suffered.

“All agencies have pledged their full co-operation to the inquiry. Mr Malkinson met with the newly appointed chair and the Lord Chancellor to discuss the terms of reference and running of the inquiry.”

Lord Chancellor and Secretary of State for Justice, Alex Chalk, said: “Mr Malkinson suffered an atrocious miscarriage of justice and I am determined to ensure that he and the original victim get the answers they deserve.

“I know that Her Honour Judge Munro KC, a senior and highly respected judge, will leave no stone unturned in getting to the bottom of what went wrong, so that vital lessons are learned.”

Her Honor Judge Sarah Munro KC said: “I am honoured to be appointed to chair the Andrew Malkinson Inquiry. Mr Malkinson’s wrongful convictions for horrific crimes he did not commit have cost him nearly two decades of freedom – time he has been forced to spend protesting his innocence and fighting for justice – and have had a devastating impact on his life.

The GMP mugshot when he was jailed (Image: GMP)

“The Inquiry will focus on the police investigation, criminal trial, Mr Malkinson’s appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place.

“Mr Malkinson deserves the truth, and I am determined that this Inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.”

In a statement, Mr Malkinson: “I welcome the appointment of Judge Munro to chair this inquiry. My hope is she and her team will tenaciously pursue the truth, so that I can finally get full answers and accountability.”

The Inquiry is set to establish:

The course of events from the date of the offence to Mr Malkinson’s exoneration by the Court of Appeal.
Decisions made and actions taken by individuals in the main agencies involved (including but not limited to GMP, CPS and CCRC), as well as the procedures in place within those agencies, including approval of decisions.
The scope of this work will include the investigation, discovery, handling and disclosure of evidence related to the attack on July 19, 2003 – both that which led to Mr Malkinson’s wrongful conviction on February 10, 2004, and that which led to his eventual exoneration, alongside any other matters the chair considers relevant and important.

The report arising from the inquiry, including any recommendations, will be submitted to the Lord Chancellor and published.

Greater Manchester Police Chief Constable, Stephen Watson, said: “I welcome the appointment of Her Honour Judge Sarah Munro KC as the inquiry independent chair, and the commencement of proceedings into establishing what led to the grave miscarriage of justice experienced by Mr Malkinson.

“I reaffirm GMP’s commitment to this independent non-statutory inquiry, of which our participation will be timely, transparent, and fulsome, as is expected from us by the public. I would once again like to apologise to Mr Malkinson for the anguish he has suffered.

“I hope that the opportunity for the relevant facts to be re-examined independently, in detail, will help him achieve the resolution he deserves. The investigation into the original offence very much remains active and continues to progress.”

References

^{^} Andrew Malkinson miscarriage of justice case, (www.manchestereveningnews.co.uk)
^{^} Salford (www.manchestereveningnews.co.uk)
^{^} Man, 22, killed after ‘disturbance’ with hunt underway to find attackers (www.manchestereveningnews.co.uk)
^{^} CPS issues statement after coroner rules Yousef Makki was unlawfully killed (www.manchestereveningnews.co.uk)
^{^} will look at the actions of police, prosecutors and the appeals review body (www.manchestereveningnews.co.uk)
^{^} Greater Manchester Police (www.manchestereveningnews.co.uk)