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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.

Andrew Malkinson (centre) arrives at the Royal Courts of Justice in London, ahead of his hearing at the Court of Appeal over his 2003 rape conviction. Mr Malkinson was convicted of attacking a woman in Greater Manchester in 2003 and jailed for life the following year, but challenged his conviction in light of new DNA evidence linking another potential suspect to the crime. Picture date: Wednesday July 26, 2023.
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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”.

Read more:
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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.”

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Harvey Willgoose: Sheffield United fans and players pay poignant tribute to teenager stabbed to death

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Harvey Willgoose: Sheffield United fans and players pay poignant tribute to teenager stabbed to death

Hundreds of people have attended a march in memory of a 15-year-old boy stabbed to death at his school – ahead of a tribute by his football club, Sheffield United.

Harvey Willgoose died on Monday after he was attacked at All Saints Catholic School in the city.

Dozens of people have left flowers and messages outside the school since his death.

Harvey Willgoose's parents Mark and Caroline Willgoose. Pic: PA
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Harvey’s parents Mark and Caroline Willgoose

Fans hold up a banner in memory of 15-year-old Harvey Willgoose, who was stabbed to death at All Saints Catholic High School in Sheffield on Monday, during the Sheffield Utd v Portsmouth match at Bramall Lane, Sheffield, on 8 February 2025. Pic: PA
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Fans at Sheffield United’s match against Portsmouth held up a banner in Harvey’s memory

Harvey was an avid Sheffield United fan and football shirts, scarves and messages have been left for him outside the stadium in the city.

One message written on a Sheffield United shirt reads: “RIP Harvey. Forever in our hearts.”

People join the march outside Sheffield Town Hall. Pic: PA
People prepare to join the march. Pic: PA
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Pics: PA

Harvey’s friends joined Sheffield United supporters and others affected by his death at Sheffield Town Hall to march to the ground ahead of the match against Portsmouth at 3pm on Saturday.

One black and white banner with a picture of Harvey inside the Sheffield United logo read: “Lives not knives. It’s not OK.”

The march was supported by Sheffield anti-knife crime charity Always An Alternative.

At the game, play was stopped and applause broke out in the 15th minute, as fans and players paid tribute.

Fans also stopped for a similar tribute at West Bromwich Albion’s ground The Hawthorns for their game against Sheffield Wednesday.

People prepare to march outside Sheffield Town Hall. Pic: PA
Portsmouth fans joined the march. Pic: PA
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Portsmouth fans joined the march. Pics: PA

Earlier on Saturday churches in the city held services to commemorate the teenager.

Mark McManus, the parish priest at St Joseph’s church in Handsworth, Sheffield, said: “Harvey was a former pupil of St Joseph’s Academy and, along with the members of our community who attend All Saints High School, many will have been affected by his death – some very closely.”

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In a statement released by police, Harvey’s family said their lives would “never be the same again” and they were “utterly heartbroken”.

Paying tribute, Harvey’s sister Sophie Willgoose said: “My heart is broken into a million pieces.”

A 15-year-old boy charged with murdering Harvey has been remanded into youth detention accommodation.

The defendant, who cannot be named because of his age, appeared at Sheffield Crown Court on Thursday charged with murder, possession of a bladed article and affray.

A trial date has been fixed for 30 June.

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Parents of Southport stabbings victims pay tribute to daughters – and describe moment they were told ‘something awful has happened’

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Parents of Southport stabbings victims pay tribute to daughters - and describe moment they were told 'something awful has happened'

The parents of two of the girls murdered at a dance class in Southport have spoken of the moment they were told “something awful has happened” to their children.

In an interview with The Sunday Times, the parents of Bebe King and Elsie Dot Stancombe paid tribute to their daughters, while recalling what happened on 29 July 2024.

Warning: Some readers may find this article distressing

Describing the moment she dropped her daughter off at the two-hour workshop at Hart Space studio, Jenni Stancombe said she watched Elsie run inside, excited to show her friend her newly pierced ears.

“I watched her sit down and waved her off and I left her,” she said.

Just before midday, Ms Stancombe got a call from another mother, telling her: “Something awful has happened. Somebody’s stabbed the kids.

“I said, ‘What do you mean?'” Ms Stancombe said. “She went, ‘It’s really bad. You need to get here’.

“I just ran. I left the whole house open and got in the car.”

Bebe King’s parents – who cannot be named for legal reasons – had been busily preparing for a wedding the following day.

Her mother remembers being in Marks & Spencer when she received a phone call from her husband, who had arrived early to collect Bebe.

“I was about to put my card in the machine, and he called. ‘I can’t believe I’m telling you this but somebody has gone into the dance class with a knife’,” she said.

She ran outside and jumped into a taxi. The driver dropped her off at the end of the street – “and I just ran”.

Parents’ tributes to children

Bebe’s parents came up with her name after a trip to Hollywood, where they saw the blues guitarist BB King’s star on the Hollywood Walk of Fame.

Bebe King’s mother said of her daughter: “She would come out with the most random stuff. She would do it and look at you and laugh as if to say, ‘I’m dead funny, aren’t I?’ She would give you this hug and say, ‘I love you, momma’.

“She was the best. She was just … Me and her had our own little language. Sometimes we would just look at each other and know what each other was thinking.”

She said Bebe “had this innate kindness. She had a spark”.

Alice Da Silva Aguiar
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Alice Da Silva Aguiar also died at the dance class

The last photo of Alice taken the day of the Taylor Swift dance class
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The last photo of Alice taken the day of the Taylor Swift dance class

Ms Stancombe said it was an honour to be Elsie’s mother. “Everything she did was pure enthusiasm. It could be the most boring thing – even, like, David taking the bins out – and it was like, ‘I’ll come!’ She was grateful for life.”

She described her daughter as “highly intelligent” but said she struggled with reading and writing. Leanne Lucas, who ran the dance workshop, had been Elsie’s private tutor for 18 months.

She had originally missed out on a spot at the dance workshop, which had quickly sold out. One of her school friends was going to the class and her mother messaged Ms Stancombe saying, “Have you got her a space?”

“And I was like, “Oh no’. I knew it had sold out, so I messaged Leanne saying, ‘Aw, I totally forgot to pay for Elsie’. And she messaged saying: ‘No problem. I’ll always have a place for Elsie.’ And she kept one. I just always think if she’d given it away…”

The horse-drawn carriage that carried the coffin of Elsie Dot Stancombe waits outside St John's Church in Birkdale.
Pic: PA
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The horse-drawn carriage that carried the coffin of Elsie Dot Stancombe waits outside St John’s Church in Birkdale.
Pic: PA

Rioting in Southport

The families were told to come off their social media accounts after riots broke out in Southport, and Elsie’s father and uncle Chris visited the wreckage of the riots the following day.

Neither wanted to comment on the rioting that followed their children’s deaths. Instead, both families paid tribute to the community that rallied around them in the wake of the tragedy.

“It’s about this community. It has brought light in the darkness, these little moments. And that’s what we’re constantly looking for right now.”

Pic: PA
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Elsie’s funeral. Pic: PA

Bebe’s family spent the following week with her in a bereavement suite at Alder Hey Hospital in Liverpool. On the last day, her mother and father did a final bedtime routine, reading her Jack and the Beanstalk before they left.

No funeral director would accept money, while donations and support flooded in for the families.

Bebe had a white horse and carriage. “It’s not very us,” her parents told the Sunday Times while laughing, “but it was for her and we knew she would want that.”

Royal Family brought ‘genuine comfort’

The efforts of the Royal Family brought “genuine comfort” to both families, they told the Sunday Times.

Mr Stancombe said the visit by the Princess of Wales – her first public engagement since finishing chemotherapy – “meant a great deal to Jenni”.

The Prince and Princess of Wales visited Southport. Pic: PA
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The Prince and Princess of Wales visited Southport. Pic: PA

“I won’t say what they said to us, but what they shared with us was really, really powerful, and it was a powerful message and heartfelt, and it meant a lot,” he said.

The families also met the King at Clarence House in August.

“We could see how much he cared,” Mr Stancombe said, laughing about the moment Elsie’s sister offered the King a biscuit.

The King views the flowers and tributes. Pic: PA
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The King visited Southport. Pic: PA

‘Highly likely’ killer will never be released

Axel Rudakubana was jailed in January for a minimum term of 52 years after he pleaded guilty to murdering Alice da Silva Aguiar, nine, Bebe, six, and Elsie, seven, at a Taylor Swift-themed dance class.

Rudakubana also admitted trying to murder eight other children, as well as instructor Leanne Lucas and businessman John Hayes, on 29 July last year.

He was 17 years old when he walked into the dance studio, indiscriminately stabbing his victims with a 20cm blade he had bought on Amazon.

He was given 13 life sentences, with Mr Justice Goose saying the killings had caused “shock and revulsion” around the nation and said it was “highly likely” he would never be released.

Axel Rudakubana. Pic: Merseyside police
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Axel Rudakubana. Pic: Merseyside police

Read more:
The 14 minutes of terror that left three children dead

Family of Rudakubana ‘moved to secret location’

During sentencing he was twice ordered out of the dock after trying to disrupt proceedings, by shouting that he “felt ill”.

The court heard emotional statements from victims and families, with Ms Lucas who was stabbed in the back, saying she couldn’t give herself “compassion or accept praise, as how can I live knowing I survived when children died?”.

The incident was not labelled a terror attack, although officers later found a plastic box containing the toxin ricin under his bed in the village of Banks, Lancashire, along with other weapons including a machete and arrows.

His devices revealed an obsession with violence, war and genocide, and he was found to be in possession of an al Qaeda training manual. It fell outside the definition of terrorism because police couldn’t identify the killer’s motive.

Families did not want sentencing televised

Neither family was in court when Rudakubana suddenly changed his plea to guilty.

Both families did not want the sentencing televised, while Bebe’s family believe details about her injuries went beyond what was necessary.

“The sentencing shouldn’t have been televised,” Elsie’s uncle Chris says. Bebe’s father agreed: “We know it has to be heard in court but why did the whole nation need to see it on television?”

Post Office vans following the hearse carrying the coffin of Southport stabbing victim Elsie Dot Stancombe as it passes through Southport following her funeral at St John's Church in Birkdale, as a tribute from Royal Mail as Elsie's dad David is a postman. The seven-year-old died in a knife attack at a dance class in Southport on July 29. Picture date: Friday August 23, 2024.
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Post Office vans following the hearse carrying Elsie’s coffin. Pic: PA

Both talked about their struggle to adapt to a new life without their daughters. Mr Stancombe worked as a postman – he described how he would drop the post off at Elsie’s school and she would run over at lunchtime with her friends to say hello.

None of the parents have gone back to work yet, but Mr and Ms Stancombe have set up a charity – Elsie’s Story, to help other children in need.

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Woman’s mother left unrecognisable after treatment by unregulated funeral directors

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Woman's mother left unrecognisable after treatment by unregulated funeral directors

Two years ago, Dayni suffered the sudden and unexpected loss of her mother, Janice. The shock of her passing was traumatic enough – but what followed made the grieving process even more unbearable.

Warning: this story contains details some readers may find upsetting

Dayni was in hospital when her mother died, so it was a few days before she could view the body.

“I just couldn’t believe what I saw,” Dayni recalled. “She just didn’t look like my mum at all. She was all pushed up, with marks all over her face. And she was bloated – really bloated.”

Janice’s body had been left in the care of a funeral director, and embalmed.

But something went terribly wrong.

“She was covered in blood, severely bloated to the point of bursting,” Dayni said. “She looked battered and bruised, like she’d been attacked. But she died in her sleep. She just looked awful.”

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Desperate for help, Dayni asked another funeral director to step in and take over the care of her mother’s body.

But in hindsight, as Dayni has spent two years fighting for some kind of redress, this has only served to complicate the chain of responsibility.

As Janice’s body continued to deteriorate, it became increasingly difficult to determine who was responsible for the errors in caring for her.

Sky News has seen images of the condition of Janice’s body, which we are not publishing.

But the distress of seeing her mother in such a state had a profound effect on Dayni.

Dayni speaking to Sky News.
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Dayni speaking to Sky News

“I was devastated. I couldn’t sleep. I was thinking all sorts – had they just tossed her about like she was nothing? It’s horrible. It’s ruined my life.”

A broken system

The funeral sector in the UK remains entirely unregulated.

While trade bodies exist to uphold standards, they have little power to enforce them. And the penalties they can impose are minimal.

The most severe sanction available is expulsion – but this doesn’t prevent an expelled company from continuing to practice.

In Dayni’s case, one funeral director was investigated by their trade body, the National Society of Allied and Independent Funeral Directors (SAIF), and found to have breached standards.

They were “reprimanded” – in essence, given a telling-off – but even still, they refused to acknowledge the findings or accept responsibility.

Instead, they commissioned a report from an independent embalmer, seen by Sky News, which points the finger of blame at the second funeral director.

The second funeral director could not be investigated at all by SAIF, because they aren’t a member, though they strenuously deny any wrongdoing.

No one has any overarching responsibility

The embalmer, who was self-employed, was also given a “severe reprimand” by her trade body, the British Institute of Embalmers, as well as a “strong recommendation” to seek further training.

She could not be reached for comment.

Absent of any regulation, nobody has any overarching responsibility.

Nobody is able to give Dayni a full picture of what happened to her mother, or conduct a thorough investigation, with appropriate penalties.

When approached for comment, both funeral directors denied any wrongdoing.

We asked both trade bodies whether they were, in essence, marking their own homework, and whether they felt the sector should be regulated.

The British Institute of Embalmers said: “We would certainly welcome structured regulation within the industry. The industry does really mark its own homework.”

A spokesperson for SAIF stated: “We don’t believe the industry is marking its own homework. SAIF’s standards framework is monitored by the UK Accreditation Service. We have long supported the call for regulation of the funeral sector.”

Calls for urgent reform

Recent high-profile cases have shone a light on the urgent need for change.

In 2022, the Fuller Inquiry was launched to investigate how David Fuller was able to commit sexual offences across mortuaries in Kent.

In an interim report issued at the end of last year its chair, Sir Jonathan Michael, called for urgent regulation of the funeral sector.

And last year, Legacy Funeral Directors in Hull came under police investigation following reports of bodies not being properly cared for.

Police outside the Hessle Road branch of Legacy Independent Funeral Directors in Hull. Pic: PA
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Police outside the Hessle Road branch of Legacy Independent Funeral Directors in Hull in March 2024. Pic: PA

In January, a file was passed to the Crown Prosecution Service to consider bringing criminal charges.

Lindesay Mace, of the charity Quaker Social Action, said: “Most funeral directors provide good care, but the lack of regulation means there are no mandatory training requirements, no particular standards for facilities, and no oversight of premises.”

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Perhaps most alarming is the absence of basic requirements such as refrigeration.

“There isn’t even a requirement to have cold storage facilities,” Lindesay explained. “Most people will find that completely unbelievable.”

Government response

The Ministry of Justice has acknowledged the concerns raised by grieving families and industry professionals alike.

In a statement, it confirmed it was “reviewing the full range of possible next steps… including looking at options for regulation.”

However, no concrete timeline has been provided.

In Scotland, the devolved government has already begun the process of regulation.

No answers, no accountability

For Dayni, the lack of regulation has left her without answers, or redress.

“When I looked into all of this and found out there were no regulations I couldn’t believe it. It’s just mind blowing. I just think it’s disgusting, and something needs to change.”

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