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.”
All flights were halted at Edinburgh Airport this morning due to an IT issue affecting its air traffic control provider.
In a post on X, formerly Twitter, the airport later announced service had resumed.
Its post read: “Flights have now resumed following the IT issue with our air traffic provider.
“We thank passengers for their patience and understanding.”
But passengers continue to feel the effects.
A Delta Air Lines flight from New York to Edinburgh was diverted to Dublin after going into a holding pattern over the Scottish capital.
And a live arrivals board on the airport’s website showed multiple flights diverted, delayed and cancelled.
Arrivals board at Edinburgh Airport. Pic: Edinburgh Airport
Morven McCall and Cody Stevenson, both 19, were due to fly easyJet from Edinburgh to Amsterdam on their first trip away together.
Morven told Sky News: “We literally just got into the airport and as soon as we walked through the door there was an announcement that it had been cancelled.
“I was ill over the summer and had to cancel two holidays already, this was our first time going away together. We are just gutted and stressed.”
Follow live: Latest updates as flights halted
Arrivals at Edinburgh Airport. File pic: PA
One passenger was on a plane when they found out.
They said: “We boarded our flight and pushed back on time for an 8.45 (am) departure, then sat for a while before the pilot told us what was happening.
“He updated us a couple of times, cabin crew are brilliant at handing out water etc, and I’m surprised that everyone appears to be upbeat. But then you do wonder how long for, just been told we’re hoping to be in the air in 20 minutes.”
Another passenger told us: “The first news was from the airport announcement as we were halfway through boarding, saying the airfield was closed due to air traffic control down.
“No one knew what was going on. We’d already been delayed a bit before boarding, with no reason. I suspect problems started about 9am.”
It comes after an earlier announcement that all flights had been halted.
“No flights are currently operating from Edinburgh Airport,” the previous statement said.
“Teams are working on the issue and will resolve as soon as possible.”
There was no timeframe for recovery initially, Sky News learned.
It’s understood by PA that the issue was not linked to today’s Cloudflare outage.
Edinburgh Trams also posted on X, writing: “If you’re travelling with us to @EDI_Airport this morning, please be aware that flights are not currently operating.”
The airport urged passengers to contact their airline for the latest information on flights.
An average of 43,000 passengers per day use the airport, which is served by 37 airlines flying to 155 destinations.
A former doctor has been charged over alleged sexual assaults on 38 patients in his care.
Nathaniel Spencer, 38, has been charged with 15 counts of sexual assault, 17 counts of assault by penetration, nine counts of sexual assault of a child under 13, three counts of assault a child under 13 by penetration and one count of attempted assault by penetration.
It follows a police investigation into alleged sexual offences between 2017 and 2021.
Staffordshire Police said in a statement the charges come after a complex investigation by the Public Protection Unit into sexual offences at the Royal Stoke University Hospital, in Stoke-on-Trent, and Russells Hall Hospital, in Dudley.
North Staffordshire Justice Centre
Ben Samples, deputy chief crown prosecutor for the West Midlands CPS Complex Casework Unit and Serious Violence, Organised Crime and Exploitation Unit, said: “We have decided to prosecute Nathaniel Spencer for a number of serious sexual offences allegedly carried out against patients while he was working as a doctor – including assault by penetration and sexual assault against a child.
“Our prosecutors have worked at length to support a detailed and complex investigation by Staffordshire Police, carefully reviewing the available evidence to establish that there is sufficient evidence to bring the case to trial and that it is in the public interest to pursue criminal proceedings.”
Spencer, from Birmingham, will appear at North Staffordshire Justice Centre on 20 January 2026.
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