Andrew Malkinson fought for 20 years – 17 of them behind bars – to prove his innocence
By Dominic Casciani
Home and legal correspondent
An inquiry has been announced into one of the worst miscarriages of justice in modern times.
Andrew Malkinson spent 17 years in jail for a rape he did not commit.
He was declared innocent last month after the Court of Appeal heard allegations of major failures.
The justice secretary said the inquiry would examine the actions of the Crown Prosecution Service, Greater Manchester Police and the Criminal Cases Review Commission over the past 20 years.
Alex Chalk added that it would be a non-statutory investigation, meaning it would not sit in public and could not compel witnesses to give evidence.
However, he said it would be led by a senior legal figure and all the agencies involved in the case had promised full cooperation.
The chair will be appointed in the coming weeks in the hope that a report can be finished and published by the end of the year.
Mr Malkinson said he welcomed the independent inquiry “because I want full answers and accountability from all those who played a role in the injustice I suffered”.
Jailed in 2004 for an attack on a woman in Salford, Mr Malkinson served nearly two decades in prison for a crime he always said he did not commit.
In January, his case was referred to the Court of Appeal after new evidence pointed to another potential suspect.
The first Mr Malkinson knew of the crime was when he was arrested in his hometown of Grimsby, two weeks after the assault and attempted murder in Salford.
He had been in the area at the time, working temporarily as a security guard.
Mr Malkinson was found guilty following a trial in 2003 and sentenced to life with a minimum term of seven years. However, he served a further 10 years in jail after his tariff expired.
He had previously applied twice for his case to be reviewed by the Criminal Cases Review Commission (CCRC) but he was turned down, eventually being released from prison in December 2020.
Watch: Andrew Malkinson’s rape conviction is overturned
Following the inquiry announcement, he said his case showed “the police cannot be trusted to investigate impartially or act as faithful gatekeepers to the evidence”, adding: “It also shows that the CCRC, which could have spared me years of life behind bars, is not fit for purpose.”
Explaining that he “had to take the police to court twice to force them to hand over evidence”, Mr Malkinson said the Criminal Cases Review Commission (CCRC) had so far “refused to apologise and take accountability”.
“So naturally I am concerned that witnesses from these agencies may not cooperate and hand over all the evidence,” he added.
Mr Malkinson said he wants to see “serious, profound changes in our justice system coming out of this”.
His solicitor, Kate Maynard, also welcomed the inquiry into the failings in his case but said “we regret that it is not a full public inquiry held under the Inquiries Act 2005”.
She explained: “Only an inquiry held under statute can compel witnesses and disclosure.
“Given his experience fighting for justice, Andy has made clear his concerns that without this power, the individuals and institutions involved may seek to obstruct and evade responsibility. The lessons from other non-statutory inquiries suggest that this fear may become a reality.”
Ms Maynard said it was vital that Mr Malkinson be “given a voice in finalising” how the inquiry was carried out.
Andy Malkinson’s custody picture two weeks after 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 honest answers as to how and why it took so long to uncover”.
Greater Manchester Police Chief Constable Stephen Watson said the force’s participation would be “fulsome and reflective of integrity, candour and humility”.
He said: “I am very sorry that Mr Malkinson has suffered so grievously over these past many years.
“I acknowledge and regret the very difficult and prolonged journey that Mr Malkinson has had to undertake to prove his innocence. This appalling miscarriage of justice merits the most detailed scrutiny.”
Max Hill KC, Director of Public Prosecutions, pledged the full cooperation of Crown Prosecution Service, adding that it was committed to “supporting the fresh investigation and bringing the right offender to justice”.
CCRC chair, Helen Pitcher OBE, said every organisation involved in Mr Malkinson’s case should “fully embrace” the review and commit to implementing any recommendations it draws.
