The UK’s justice secretary is seeking the removal of the chair of the Criminal Cases Review Commission (CCRC), Helen Pitcher, after an independent review highlighted serious deficiencies in the organisation’s handling of the case of Andrew Malkinson. Malkinson was exonerated for a rape he did not commit, 20 years after his wrongful conviction. The review found that the body’s investigators and leaders failed to follow up evidence of innocence as late as 2022 and concluded Malkinson could have been freed five years after he was sentenced to life in 2003.
Pitcher, who heads the unit charged with investigating alleged miscarriages of justice, was “unable to fulfil her duties”, according to Shabana Mahmood, the justice secretary. Malkinson welcomed the move, and called for an overhauling of the commission. “Malkinson’s discredited senior leadership team should also now go, and be replaced with people who are serious about fighting miscarriages of justice,” he said.
Chris Henley KC, who wrote the review, found that case workers, including Helen Pitcher, failed to read important evidence on Mr Malkinson’s case. If they had done their job correctly, the Court of Appeal could have reconsidered Malkinson’s conviction in 2009. Mr Henley said that the commission failed Malkinson and required miscarriages of justice charity, Appeal, to obtain DNA evidence that ultimately led to the referral by the CCRC.
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