There should be an inquiry into the “total public mess” caused by a miscarriage of justice that led to an innocent man spending 17 years in prison for a rape he did not commit, a former solicitor general has said.
Lord Edward Garnier KC told Sky News that the case of Andrew Malkinson was “astonishing” and “gets more astonishing pretty well by the week”.
He said it was a “terribly bad and shocking case and we should be ashamed of what has happened”.
A public inquiry needs to report within six months and be led by someone of “considerable stature and independence”, Lord Garnier added.
Case files obtained by the 57-year-old and seen by Sky News show that prosecutors knew in 2007 that forensic testing had identified a searchable male DNA profile on the rape victim’s top that did not match his.
The documents show that DNA in saliva, from an unidentified male, was found on the victim’s vest near a bite wound her attacker inflicted.
Image: It appears Andrew Malkinson could have been released from prison much earlier
A meeting was held between police, prosecutors and forensic scientists.
A Crown Prosecution Service caseworker said: “If it is assumed that the saliva came from the offender, then it does not derive from Malkinson.
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“This is surprising because the area of the clothing that the saliva was recovered from was crime specific.”
At that point, Mr Malkinson could have had his case referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC).
But the CCRC concluded: “Just because it appears there is someone else’s DNA on the complainant’s vest … cannot surely produce a hope of a successful referral in view of all the other strong ID evidence – and the case was really based on the ID evidence which has been approved by the Court of Appeal.”
That comment was made on 24 August 2009. On 14 July 2010, a CCRC worker wrote: “My view is that there is nothing to be gained by having any of the DNA exhibits re-tested yet again.
“This is because, as stated above, the ID evidence from the victim and the two witnesses is forceful and, in any event, the jury was told that there was no DNA evidence that could help them.”
Another comment, later that month, says the “only meaningful review would be by a forensic provider which would be expensive, and I do not think on the basis of the material available that it would be a reasonable course of action”.
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9:01
‘I have been innocent all along’
Lord Ken Macdonald, a former director of public prosecutions, said identification evidence can be “so often mistaken”.
He told Sky News: “If you have evidence that is inconsistent with identification evidence, it’s absolutely the first rule that you investigate that evidence carefully, thoroughly, rigorously, precisely because witnesses are so often – bitter experience had shown – so often mistaken.”
Regarding his call for a public inquiry, Lord Garnier said “somebody of considerable stature and independence needs to unravel all this”.
He added that they need to give “recommendations about the future of the CCRC and its management and its resourcing, about the conduct of Greater Manchester Police and the conduct of the Crown Prosecution Service in relation to this particular case”.
A Crown Prosecution Service spokesperson said: “It is clear Mr Malkinson was wrongly convicted of this crime and we share the deep regret that this happened.
“Evidence of a new DNA profile found on the victim’s clothing in 2007 was not ignored. It was disclosed to the defence team representing Mr Malkinson for their 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.”
More than half of Labour members do not want Sir Keir Starmer to fight the next general election as party leader, a new poll has revealed.
The Survation survey for LabourList, shared with Sky News’ Sunday Morning with Trevor Phillips, showed 53% of the party membership want a new leader by the time of the next election, while only 31% want Sir Keir to remain in post until then.
The findings lay bare the scale of the challenge facing the prime minister as he heads to Liverpool for the Labour Party conference.
He arrives at the gathering just days after a separate poll showed Reform leader Nigel Farage had a clear path to Number 10, and after Greater Manchester mayor Andy Burnham appeared to set out his own bid for the Labour leadership in a series of interviews in which he claimed Labour MPs had privately urged him to return to Westminster.
In a direct criticism of Sir Keir, Mr Burnham – who previously ran for the Labour leadership in 2010 and 2015 – said Number 10 had created a “climate of fear” among MPs and created “alienation and demoralisation” within the party.
And in an apparent rebuke of the government’s policies and priorities so far, Mr Burnham set out an alternative vision to “turn the country around”, including higher council tax on expensive homes in London and the South East and for greater public control of energy, water and rail.
It follows a turbulent few weeks in which the prime minister has lost several close appointments: Angela Rayner as deputy prime minister, Peter Mandelson as US ambassador, Paul Ovenden as his director of political strategy and most recently Steph Driver, his director of communications.
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The LabourList poll, which surveyed 1,254 Labour members between 23 and 25 September, also showed Labour members were unhappy with the general direction of the government, with 65% saying Sir Keir was heading in the wrong direction, compared with 26% who said he was getting it right.
More than 60% said he had governed badly, compared with 35% who had said he had done a good job.
The results will add to further grim reading for Labour after a mega poll conducted by YouGov for Sky News showed that Mr Farage is on course to be the next prime minister.
The YouGov MRP polling projection, based on a 13,000 sample taken over the last three weeks, suggested an election held tomorrow would see a hung parliament with Reform UK winning 311 of the 650 seats – 15 seats short of the formal winning line of 326.
The projection of Commons seats in Great Britain puts Reform UK on 311 seats, Labour on 144 seats, Liberal Democrats on 78 seats, Conservatives on 45 seats, SNP on 37 seats and Greens on seven seats, with Plaid on six seats and three seats won by left-wing challengers.
Northern Ireland constituencies are excluded.
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The result would see Labour lose around two-thirds of their existing seats, down from the 411 they won in last year’s general election.
It would also represent the worst result for the party since 1931 and would mark a further decline on the party’s performance under Jeremy Corbyn in 2019, when the party won 202 seats.
Meanwhile, Sir Keir’s approval rating has hit a historic low. Just 13% of the public approves of the job he is doing as PM, according to a new Ipsos poll, while 79% is dissatisfied – giving him a net approval rating of -66.
That is worse than the previous record the pollster has recorded of -59, held by both Rishi Sunak in April 2024, and Sir John Major in August 1994.
Image: Greater Manchester mayor Andy Burnham. Pic : PA
The Labour Party doesn’t fare much better, with just 22% of the public saying they would vote for it if a general election were held today, while 34% would vote for Reform UK.
But Sir Keir has insisted that he can “pull things around”, telling The Sunday Times: “It is the fight of our times and we’ve all got to be in it together. We don’t have time for introspection, we don’t have time for navel-gazing.
“You’ll always get a bit of that at a Labour Party conference, but that is not going to solve the problems that face this country.
“Once you appreciate the change – in the sense of the division that Reform would bring to our country and the shattering of what we are as a patriotic country – then you realise this is a fight which in the end is bigger than the Labour Party.”
The government will underwrite a £1.5bn loan guarantee to Jaguar Land Rover (JLR) after a mass cyber attack forced a shutdown.
JLR suspended production at its UK factories following the cyber attack on 31 August. The shutdown is expected to last until 1 October, leaving the largest UK carmaker’s suppliers in limbo.
The loan is expected to give suppliers some certainty amid the continued shutdown, as the £1.5bn will help bolster JLR’s cash reserves as it pays back companies in its supply chain.
The government will give its backing to the loan through the Export Development Guarantee (EDG), a financial support mechanism aimed at helping British companies that sell their goods overseas.
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4:27
JLR shutdown extended
The £1.5bn loan, from a commercial bank, will be paid back over five years.
“Following our decisive action, this loan guarantee will help support the supply chain and protect skilled jobs in the West Midlands, Merseyside and throughout the UK,” Business Secretary Peter Kyle said.
Chancellor Rachel Reeves added: “Jaguar Land Rover is an iconic British company which employs tens of thousands of people – a jewel in the crown of our economy.
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“Today we are protecting thousands of those jobs with up to £1.5bn in additional private finance, helping them support their supply chain and protect a vital part of the British car industry.”
Image: Rachel Reeves, during a visit to Jaguar Land Rover in Birmingham with Prime Minister Sir Keir Starmer. File pic: PA
As a result of the attack, production was halted across the car-making supply chain, with thousands of staff off work.
More than 33,000 people work directly for JLR in the UK, many of them on assembly lines in the West Midlands, the largest of which is in Solihull, and a plant at Halewood on Merseyside.
An estimated 200,000 more are employed by several hundred companies in the supply chain, who have faced business interruption with their largest client out of action.
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2:28
Inside factory affected by Jaguar Land Rover shutdown
Ministers have had daily contact with JLR and cyber experts following the attack as the company attempts to restart production at its UK factories.
Unions and politicians have warned that small suppliers producing parts for JLR could collapse as a result of the shutdown unless they receive urgent financial support.
This week, Mr Kyle met workers and bosses at Webasto, which makes sunroofs for JLR.
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Image: Peter Kyle visits the JRL supplier Webasto in Sutton Coldfield in the West Midlands. Pic: PA
The brand has the largest supply chain in the UK automotive sector, which employs around 120,000 people and is largely made up of small and medium-sized businesses.
The government’s promise of underwriting the JLR loan has been praised by the Unite union, whose general secretary Sharon Graham said the loan was “an important first step and demonstrates that the government has listened to the concerns raised in meetings with Unite over recent days”.
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3:53
Are we in a cyber attack ‘epidemic’?
She added: “This is exactly what the government should be doing, taking action to protect jobs.
“The money provided must now be used to ensure job guarantees and to also protect skills and pay in JLR and its supply chain.”
Labour MPs are gathering in Liverpool for the annual party conference as Sir Keir Starmer attempts to mount a fightback against dire polling and threats to his leadership.
The prime minister said he will use the four-day event to show Labour can be an alternative to the “toxic divide and decline” offered by Reform UK, describing this as “the fight of our times”.
Sir Keir is under pressure after two separate polls predicted Nigel Farage’s party will win the next general election as voters turn their backs on mainstream politics.
It is the latest bit of bad news for the embattled prime minister, who has faced a month of scandals surrounding his top team alongside speculation Greater Manchester Mayor Andy Burnham could mount a leadership challenge.
Image: Sir Keir Starmer and his wife arriving ahead of the Labour Party Conference. Pic:PA
Speaking from the conference venue on Saturday night, Sir Keir said the next few days are a “really big opportunity to make our case to the country, make it absolutely clear that patriotic national renewal is the way forward, not the toxic divide and decline that we get with Reform”.
He later insisted he could “pull things around”, telling The Sunday Times: “It is the fight of our times and we’ve all got to be in it together. We don’t have time for introspection, we don’t have time for navel-gazing.
“You’ll always get a bit of that at a Labour Party conference, but that is not going to solve the problems that face this country.
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“Once you appreciate the change – in the sense of the division that Reform would bring to our country and the shattering of what we are as a patriotic country – then you realise this is a fight which in the end is bigger than the Labour Party.”
Much of the next four days is likely to be dominated by discussions on how exactly Labour could beat Reform – and whether Sir Keir is the man for the job.
PM’s future in doubt
There has been rampant speculation Mr Burnham could mount a leadership challenge after he made a series of high-profile interventions this week, criticising the direction of the government and claiming Labour MPs had asked him to stand.
The so-called “King of the North” has many hurdles to overcome before that could be a possibility – he would have to win a seat in Westminster through a by-election if one became available, then get 80 colleagues to back him.
One MP told Sky News that lots of backbenchers are “reluctantly coming to the conclusion” that Sir Keir’s downfall is a “not a matter of if, but when” – citing Mr Burnham or Health Secretary Wes Streeting as possible replacements
However they stressed that they did not want to see the prime minister go and hope he can turn things around ahead of the local elections in May.
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2:59
Can Andy Burnham take on the bond markets?
Two-child benefit cap speculation
Many MPs want the prime minister to use the conference to set out a positive vision that offers hope for the future – saying his rhetoric on “tough choices” during the first 12 months backfired with the public.
In a signal the leadership is listening, there have been hints from senior ministers that the government could use the conference to scrap the controversial two-child benefit cap.
The limit is opposed by over 100 Labour MPs, both of Labour’s deputy leadership candidates and other senior party figures such as Mr Burnham and former prime minister Gordon Brown.
Two MPs who were suspended for rebelling over the measure last year – John McDonnell and Aspana Begum – had the whip reinstated on Friday.
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Mr McDonnell, the shadow chancellor under Jeremy Corbyn, said he hopes “this is a signal the government has decided to scrap the cap”.
Key announcements
Sir Keir’s allies rallied round him ahead of the conference, with Business Secretary Peter Kyle claiming the prime minister received a “rapturous reception” at events he has been speaking at on Saturday.
Sir Keir will address the conference on Tuesday but there will be speeches from cabinet ministers throughout the event, with Chancellor Rachel Reeves to speak on Monday.
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4:50
YouGov: Farage set to be next PM
The opening day will kick off with a pledge from Housing Secretary Steve Reed to construct three new towns before the next election, in Tempsford in Bedfordshire, Leeds South Bank, and Crews Hill, north London.
In one of a number of announcements overnight, the government also said that it will underwrite a £1.5bn loan guarantee to Jaguar Land Rover as it continues to face a shutdown following a mass cyber attack.
Meanwhile, Chancellor Rachel Reeves told The Times she is pushing for a new youth mobility scheme and an improved trading relationship with the European Union in a bid to reduce the need for tax rises in the forthcoming budget.
And Home Secretary Shabana Mahmood signalled a major change in immigration policy, telling The Sun on Sunday she would “reset” immigration laws so foreigners must prove their social worth before being allowed to settle in Britain.