Andrew Malkinson: Sir Keir Starmer urged to co-operate with potential public inquiry into ‘appalling’ miscarriage of justice

Sir Keir Starmer has been urged to “say something” in regards to the case of a person who spent 17 years in jail for a rape he didn’t commit earlier than having his conviction overturned.

Former justice secretary Robert Buckland has mentioned the Labour chief – who was director of public prosecutions (DPP) and head of the CPS from 2008 to 2013 – also needs to co-operate with any potential public inquiry into the miscarriage of justice.

Andrew Malkinson was discovered responsible of raping a girl in Greater Manchester in 2003 and the subsequent yr was jailed for all times with a minimal time period of seven years.

He remained in jail for an additional decade as a result of he maintained his innocence.

Last month he had his conviction quashed by the Court of Appeal after DNA proof that linked one other man to the crime was produced by his defence group.

Case recordsdata obtained by the 57-year-old, seen by Sky News, present that officers and prosecutors knew forensic testing in 2007 had recognized a searchable male DNA profile on the rape sufferer’s clothes that didn’t match his.

Notes of a gathering between the Forensic Science Service, the CPS and Greater Manchester Police (GMP) in December 2009 – a yr into Sir Keir’s tenure – counsel the CPS understood the potential significance of the 2007 DNA discover.

There isn’t any suggestion that Sir Keir had any involvement within the case or was personally conscious of it. Labour claims the case by no means crossed his desk.

However, Mr Buckland advised Sky News: “Some remark from Sir Keir Starmer could be welcome.

“The DPP isn’t going to be over every case – but the prime minister has spoken about it, the lord chancellor has spoken about it and the only people we have not heard from are Labour and Keir Starmer,” the previous justice secretary added.

“I would have thought it would be good for Sir Keir as a former senior lawyer to say something about it and to say he will co-operate with any public inquiry.”

As director of public prosecutions, Sir Keir was the nation’s prime prosecutor on the time.

As operational choices are taken at a regional stage – his function as head of the CPS has come beneath scrutiny in gentle of earlier statements he has made.

In April, the Labour chief advised Sky News he took “full responsibility for every decision of the Crown Prosecution Service when I was director of public prosecutions”.

“When I was director of public prosecutions, it meant that when we succeeded in some very important prosecutions, as we did… I took the credit for that on behalf of the organisation,” he mentioned on the time.

“Where we got it wrong, I carried the can.”

Sir Keir is but to make a public touch upon Mr Malkinson’s case – which was prosecuted earlier than he joined the CPS – however his deputy, Angela Rayner, advised Sky News there had been an “appalling miscarriage of justice” when requested in regards to the timing of the DNA discovery.

“There are serious questions to ask about why that information wasn’t provided and that they didn’t go after the real perpetrator, who of course was then free to carry on doing these horrendous crimes,” she added.

CPS steering states it should write to the physique answerable for investigating potential miscarriages of justice, the Criminal Cases Review Commission (CCRC), “at the earliest opportunity about any case in which there is doubt about the safety of the conviction”.

But the case recordsdata present each the police and the CPS selected to take no additional motion and there’s no document the CPS immediately knowledgeable the CCRC.

The CPS claims Mr Malkinson’s legal professionals have been knowledgeable immediately of the brand new DNA proof.

The CCRC refused to order additional forensic testing or refer the case for attraction in 2012, with the case recordsdata citing fears about prices.

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Mr Malkinson’s case was described as “astonishing” by former solicitor normal Lord Edward Garnier KC, who mentioned there must be an inquiry into the “total public mess” that has unfolded following his exoneration.

He mentioned it was a “terribly bad and shocking case and we should be ashamed of what has happened” and {that a} public inquiry must report inside six months and be led by somebody of “considerable stature and independence”.

A CPS spokesperson mentioned: “It is clear Mr Malkinson was wrongly convicted of this crime and we share the deep regret that this happened.

“Evidence of a brand new DNA profile discovered on the sufferer’s clothes in 2007 was not ignored. It was disclosed to the defence group representing Mr Malkinson for his or her consideration.

“In addition, searches of the DNA databases were conducted to identify any other possible suspects. At that time there were no matches and therefore no further investigation could be carried out.”

Read extra:
Miscarriages of justice physique to evaluate dealing with of wrongful rape conviction
Police ‘knew DNA on rape sufferer’s garments did not match’ man who was convicted and put behind bars for 13 years

In gentle of the revelations, the CCRC has mentioned it can evaluate Mr Malkinson’s case.

A spokesman mentioned the fee could be as “open as we can be within our statutory constraints” about “lessons to be learned”.

“We recognise that Mr Malkinson has had a very long journey to clear his name and it is plainly wrong that he spent 17 years in prison for a crime he did not commit.

“We have already been in contact with Greater Manchester Police and with the Crown Prosecution Service to supply our help in any of their inquiries.”

Ellie Reeves, Labour’s shadow justice minister, told Sky News that Sir Keir was not the director of public prosecutions when charges were bought – although it was pointed out he was in the role when the charges were referred to the Criminal Cases Review Commission.

She added that while she had not spoken to her party leader about the matter, he has been “clear that this wasn’t one thing that got here throughout his desk when he was director of public prosecutions”.

Ms Reeves said: “Obviously there was an enormous miscarriage of justice on this case, and I’m certain that might be checked out. But Keir has been clear it wasn’t one thing that ever got here throughout his desk.”

The Attorney General and the Home Office each declined to remark.