Justice Secretary Calls for Resignation of CCRC Chair Amid Failures in Andrew Malkinson Wrongful Conviction Case

Justice Secretary declares head of justice panel 'incapable of performing responsibilities' following Andrew Malkinson investigation

An examination of the Criminal Cases Review Commission reveals that Mr. Malkinson, wrongfully imprisoned for 17 years for a rape he did not commit, was "let down" and could have been exonerated over ten years ago.

Authored by Alexandra Rogers and Jennifer Scott, who cover politics

Thursday, July 18, 2024, at 4

The head of the agency responsible for reviewing wrongful convictions is "incapable of performing her responsibilities" after shortcomings were revealed in handling the Andrew Malkinson case, according to the justice secretary.

An investigation into Mr. Malkinson's case revealed that the Criminal Cases Review Commission (CCRC) did not adequately support him, resulting in him spending 17 years behind bars for a rape he did not commit. The findings suggest that he could have been cleared of the charges over ten years earlier if the CCRC had handled his case effectively.

Justice Secretary Shabana Mahmood announced her intention to dismiss CCRC chair Helen Pitcher from her position in light of recent findings.

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Mr. Malkinson stated that the report reveals the extent to which the CCRC hindered his pursuit of justice, resulting in an additional ten years of wrongful imprisonment.

He emphasized: "Following such a damning report, if Helen Pitcher and her leadership team do not step down, they should be dismissed."

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In 2003, Mr. Malkinson was sentenced to seven years in prison after being convicted of assaulting a woman in Greater Manchester.

Andrew Malkinson Responds to Apology from Criminal Cases Review Commission Following 17 Years of Wrongful Imprisonment

Numerous convictions for rape and murder are set for new DNA analyses to uncover potential wrongful convictions.

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However, he remained imprisoned for an additional ten years as he continued to assert his innocence, finally gaining freedom in 2020.

His case captured national attention in 2023 after his charges were dismissed due to new DNA evidence that possibly connected a different individual to the crime.

A person aged 48 from Exeter has been taken into custody and subsequently released while under investigation, according to Greater Manchester Police, who have also stated that they have forwarded the case to the Crown Prosecution Service for review.

Andrew Malkinson has voiced criticisms of the apology issued by the Criminal Cases Review Commission as numerous rape and murder cases are set to be re-examined with new DNA tests.

The legal charity Appeal assisted Mr. Malkinson in submitting his case for reconsideration by the CCRC in 2009, focusing on vital DNA evidence that had been accessible since 2007 yet lacked any corresponding records in police databases.

Following a comprehensive three-year review, the commission declined to conduct further forensic examinations or to forward the case for an appeal, citing financial constraints. In 2020, the agency also dismissed a subsequent request for another review.

Chris Henley KC, the head of the investigation into the CCRC's management of the case, pointed out numerous significant errors and overlooked opportunities to correct the injustices of the conviction, starting from the initial request for a case review in 2009.

"Mr. Henley asserted that the CCRC let him down,"

The acquisition of the new DNA evidence, which was crucial for the additional investigations that prompted the CCRC to take action, was only made possible through an appeal. Without it, this progress would not have occurred.

"A chance to refer this case in 2009 was overlooked, and another chance to re-examine the DNA evidence during a second application in 2018 was also ignored."

James Burley, the leader of Appeal, described the results as "absolutely condemning," labeling the CCRC as a "failed safety mechanism."

He further stated, "The incoming justice secretary must introduce a new leadership group within the CCRC dedicated to seriously addressing and eliminating wrongful convictions."

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Ms. Mahmood described the report as "sobering to read" and expressed her thoughts for both Andrew Malkinson and the victim of the terrible crime.

"After carefully reviewing Chris Henley's report, I am convinced that Helen Pitcher is not suitable to continue in her role as chair of the CCRC. Consequently, I have initiated steps to have her removed from this position."

Ms. Pitcher acknowledged the receipt of the report in April and extended a heartfelt apology to Mr. Malkinson, admitting that the commission did not serve him well.

She continued: "It's impossible to fully comprehend the profound effects this incorrect verdict has had on Mr. Malkinson's life, and I sincerely apologize for the further damage inflicted by our mishandling of the matter.

"Speaking for the commission, I express our profound apologies."

In response to the findings, the CCRC stated, "We will take lessons from the errors committed," and noted, "We will implement Mr. Henley's suggestions, and efforts to do so have begun."

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