Andrew Malkinson: Call for public inquiry into wrongful rape conviction after potential DNA evidence disregarded
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.
Mr Malkinson had his conviction quashed last month after DNA linking another man to the crime was produced.
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.
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.
“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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‘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.”
UK
Lionesses parade: The route and key timings as thousands of England fans to descend on central London
The Lionesses will celebrate with thousands of England fans in central London today as the players take part in an open-top bus procession.
The bus will carry the team through central London, allowing supporters to celebrate the team’s defence of their Women’s Euros title alongside the likes of Leah Williamson and Chloe Kelly and catch a glimpse of the silverware.
Here is all you need to know.
Where will the parade go and when?
The team’s open-top bus will travel along The Mall from 12.10pm.
It will end with a staged ceremony at the Queen Victoria Memorial in front of Buckingham Palace, which is expected to start at roughly 12.30pm and end at 1pm, the Football Association (FA) announced.
The Royal Marines Portsmouth band and the Central Band of the Royal Air Force will perform on the stage and highlights from the tournament will be shown on big screens.
England manager Sarina Wiegman will then lead her triumphant team out on stage to lift the trophy.
The event will be hosted by former Lioness and football pundit Alex Scott.
Fans will be able to attend the event for free, but the FA have warned that the capital is going to be “very busy”.
“People should plan their visits carefully, both coming into central London and travelling home,” the association said.
England players celebrate with the trophy after winning the UEFA Women’s Euro 2025. Pic: Reuters
How to watch
You can watch coverage of the entire event live on Sky News from 10am and follow all the action with our live blog.
Fans can also follow coverage of the event on the BBC, ITV and across England’s social media channels.
Celebrations with the deputy PM
The Lionesses landed back in the UK from Basel, Switzerland, on Monday, where celebrations continued with a reception at Downing Street.
Deputy Prime Minister Angela Rayner and sports minister Stephanie Peacock hosted the team ahead of today’s bus parade.
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‘It’s very, very special’
Sir Keir Starmer said: “The Lionesses have once again captured the hearts of the nation.
“Their victory is not only a remarkable sporting achievement, but an inspiration for young people across the country.”
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Chloe Kelly saves England again
An extra bank holiday?
As the team have become the first senior England side to win a major tournament on foreign soil, some have called for an extra bank holiday to mark the occasion.
Liberal Democrats leader Ed Davey was one of those who asked the prime minister if it was “time for that bank holiday”.
He was referring to comments made by Sir Keir in 2023. When, as leader of the opposition, he wrote on X that there “should be a celebratory bank holiday if the Lionesses bring it home”.
But with estimates suggesting an extra bank holiday would cost the economy £2.4bn, it’s understood such a move isn’t being planned by Downing Street.
‘There is no stopping them now’
The impact of the Lionesses second consecutive Euros title is already being felt across the UK.
At Bearsted Football Club in Maidstone, Kent, a mural of Alessia Russo, who levelled Sunday’s final with a goal in the 56th minute, has been unveiled.
Alessia Russo scoring the levelling goal. Pic: Reuters
The club is where Russo first started playing, and chairman Jamie Houston told Sky News the Lionesses have helped transform the women’s game.
“Five years ago we never had a girl’s football team,” he told Sky correspondent Mollie Malone. “Now we have five separate teams for girls, and boys are accepting of more girls in the game.
“There is no stopping them now.”
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What’s next for the Lionesses?
Read more:
In pictures: The story of the Euros final
Fans celebrate at club where Lioness began journey
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Lynda Hale, who played in the England squad in the first ever international women’s match against Scotland in 1972, reiterated that women’s football has changed drastically since she played.
“When I first started playing there was hardly anyone that would watch,” she told Sky News Breakfast.
“To put on the England shirt and think what we started has grown to this magnitude, and it is still going to grow, is absolutely fantastic. I think the sky’s the limit in women’s football.”
Asked what advice she would have for the current England squad after their win, Ms Hale said: “The girls need to make as many memories as they can and take everything in their stride.”
The suspect in the fatal shooting of a mother and her two children in Northern Ireland has died.
Ian Rutledge, a 43-year-old agricultural worker, had himself suffered a gunshot wound during the attack in the village of Maguiresbridge in County Fermanagh on Wednesday morning.
He was taken to hospital where he remained in a serious condition until the Police Service of Northern Ireland (PSNI) announced he had died on Monday evening.
It is understood he was the only suspect in the murder investigation.
Vanessa Whyte, 45, a vet originally from County Clare, her son James, 14, and daughter Sara, 13, were all shot dead at a property on Drummeer Road during the attack.
The PSNI said last week that all four people who were shot were members of the same household.
Police have been investigating whether the attack was a triple murder and attempted suicide.
A prayer service took place for Ms Whyte and the two children in Barefield, County Clare on Sunday, following a community vigil in Maguiresbridge last Friday.
A funeral service is expected to take place in County Clare later this week.
Following Mr Rutledge’s death, the PSNI said detectives have “reiterated their appeal for anyone with information, no matter how insignificant it may seem, to come forward”.
It comes after the PSNI issued an appeal on Saturday for information involving the movements of a vehicle.
They have asked anyone who saw a silver Mercedes saloon car being driven in the Clones Road area of Newtownbutler, or between Maguiresbridge and Newtownbutler, on the evening of Tuesday 22 July to call detectives on 101.
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A police cordon was in place close to the scene last week. Pic: PA
Tributes paid to ‘lovely-natured’ children
A local Gaelic football club said last week that Ms White and her children were all “active and beloved” members of their club.
Sara and James Rutledge also used to be part of a local cricket club, which said in a statement that it was “extremely saddened by the tragic events”.
“Both of them turned out to be talented young cricketers and two absolutely lovely-natured children,” the statement read.
Flowers, teddy bears and an Arsenal football top with written notes were laid close to scene of the incident in Drummeer Road in the days after the shooting.
Donald Trump has reignited his row with London mayor Sir Sadiq Khan after calling him a “nasty person” who has done “a terrible job”.
During an hour-long news conference with Sir Keir Starmer in Scotland, the US president hit out at the Labour mayor, who has responded with his own snipey remarks.
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Asked if he would visit London during his state visit in September, Mr Trump said: “I will, I’m not a fan of your mayor, I think he’s done a terrible job.
“A nasty person, I think.”
The prime minister then interrupted and said: “He’s a friend of mine.”
But the president added: “I think he’s done a terrible job but I will certainly visit London, I hope so.”
Sir Sadiq’s spokesperson then released a statement saying: “Sadiq is delighted that President Trump wants to come to the greatest city in the world.
“He’d see how our diversity makes us stronger not weaker; richer, not poorer.
“Perhaps these are the reasons why a record number of Americans have applied for British citizenship under his presidency.”
Sir Sadiq Khan was knighted in June. Pic: PA
They noted that Sir Sadiq has won three mayoral elections, including when Mr Trump lost the US election in 2020.
This is not the first time Mr Trump and Sir Sadiq have locked horns.
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The PM told Mr Trump that Sir Sadiq is a friend of his – seen here laying wreaths for the anniversary of the 7/7 bombings. Pic: PA
During his first presidential term, Mr Trump called the London mayor a “stone cold loser who should focus on crime in London”.
Sir Sadiq then described Mr Trump as a “poster boy for racists”.
And in November 2024, after Mr Trump won his second term, Sir Sadiq said many Londoners would be “fearful” about what it would “mean for democracy”.
However, as Sir Keir tried to show diplomacy with Mr Trump after becoming PM, Sir Sadiq said he “wanted to work closely with the American president” ahead of his inauguration in January.
The London mayor said as somebody “who believes in democracy, and voting and elections, we should recognise the fact that Donald Trump is the elected president of the United States”.
But he added: “Let’s keep our fingers crossed that this president is different from the last time he was president.”
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