Andrew Malkinson, who served 17 years in prison for a rape he didn’t commit, has claimed that he knows “at least half a dozen people” who could be exonerated if their cases were reviewed. The failures of the Criminal Cases Review Commission (CCRC) have come under scrutiny after an independent review found that Malkinson was completely failed by the organisation. The report concluded that he could have been freed five years after being sentenced to life imprisonment for a 2003 rape. The investigation revealed that CCRC investigators and leaders had failed to follow up evidence of innocence right up to 2022, resulting in mounting pressure on the head of the CCRC to step down.
The CCRC has admitted to needing to review thousands of files after Chris Henley KC, the author of the review into Malkinson’s case, backed calls for a “trawl” for similar cases. Malkinson said the review was a “human rights atrocity”, and said it was “absolutely shocking” what Henley had uncovered, adding that the CCRC “devote all their time and resources to finding ‘clever me’ arguments about why they shouldn’t refer, rather than looking at the police files and really investigating”.
Legal figures have called for CCRC chair Helen Pitcher to resign, claiming that Malkinson was failed by her leadership. Justice Secretary Shabana Mahmood has also voiced her intention to seek Pitcher’s sacking, saying that she was “unable to fulfil her duties”. However, due to the CCRC’s status as an independent part of the legal system, a panel must be convened to ensure any decision is independently taken.
Henley has stated that it is “far too complacent” to say Malkinson’s story is an “outlying aberration”, calling for fresh opportunities for retesting DNA samples in other cases. The CCRC has announced plans to review up to 5,500 closed cases in which DNA was used to secure a conviction for a serious crime. The body believes dozens of cases may need full reinvestigation, requiring additional government funding.
Malkinson has lambasted the CCRC for its incompetence, and called its head’s apology “far, far too late”, saying the fact he was “left languishing in jail with careless abandon” was “infuriating”
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