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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:
Andrew Malkinson ‘won’t have to repay prison living costs’
Unfair for wrongfully convicted inmates to pay back prison board and lodging costs, Rishi Sunak says

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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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Disabled, autistic and homeless: Who will care for Chloe?

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Disabled, autistic and homeless: Who will care for Chloe?

Chloe Leighton is crammed into the disabled toilet of a busy pub, pleading on the phone with her social worker to find her a place to stay for the night.

She records the conversation because she doesn’t trust anyone anymore. What makes her situation even more perilous is that Chloe is disabled and autistic.

Until recently, the 33-year-old’s life was happy and stable.

Chloe Leighton ended up on the streets after her father was unable to care for her
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Chloe Leighton ended up homeless after her father was unable to care for her

Then last November, her father had a stroke and was unable to care for her, leaving her alone.

“Dad would keep me safe from all these people. He was the barrier,” she says.

Due to her vulnerabilities, her local council in Buckinghamshire had a legal duty to find her emergency accommodation and social care support – except she says that hasn’t happened.

Chloe with her father who used to care for her
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Chloe with her father

At first, the council, then friends and family paid for hotel accommodation, but the money ran out and now Chloe has nowhere to go. 

“Nobody knows what to do with me,” she explains. “I fall through the gaps.”

‘Mould and antisocial behaviour’

The law says that any accommodation must be suitable for Chloe’s needs, but if she refuses somewhere, the council doesn’t have to do anymore to house her – but it can still support her.

So when the council offered her a place in a hostel with a bad reputation in a rural location she refused it.

Chloe was offered a place in this rural hostel with a reputation for antisocial behaviour
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Chloe was offered accommodation here by the council

Around 160,000 households live in temporary accommodation in the UK – and even though it costs councils £2.3bn per year – the quality of it is often poor.

Sky News saw the hostel Chloe was offered. Residents there told us there was mould and antisocial behaviour.

They urged anyone offered a place there to turn it down.

Chloe struggled to arrange a visit to the hostel and wasn’t confident her social care needs would be met there.

A few weeks after she refused the hostel, the council wrote to her, explaining that they no longer have an obligation to find her accommodation.

The pub she was sheltering in had closed. Her friends and family could no longer pay for hotels.

With neither side backing down, Chloe faced her first night on the streets. 

Sky's Nick Martin found Chloe, pictured, living on the streets
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Chloe, pictured, took shelter in a pub when she was left with nowhere to go

That’s where I found her, scared and alone in the cold.

“I don’t know what to do, I’ve never been like this before,” she said.

I decided to phone the police.

While I was on hold, Chloe received a call from the out-of-hours housing department, who were made aware that we were filming the exchange.

Nick Martin phoned the police after finding Chloe on the streets
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Nick Martin phoned the police after finding Chloe on the streets

Chloe’s disability needs not met

After weeks of refusing to give her alternative accommodation, she was offered a place at a hotel a short distance away and she accepted.

But when she arrived, there was a problem.

The room wasn’t wheelchair accessible.

She couldn’t use the toilet in the room or anywhere else in the hotel.

Her fears of not being given suitable accommodation were realised. It was 3am.

Chloe was unable to access the bathroom in the room she was offered
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Chloe was unable to access the bathroom in the room she was offered

Read more from Sky News:
Children facing housing insecurity ‘less likely to pass GCSEs’
‘It feels like we don’t exist’: The human cost of social care cuts
How a vulnerable man was failed by his carer

A Buckinghamshire Council spokesperson said: “We stand by the actions of our staff and as an organisation in regard to the content featured in this piece. We take our duty of care extremely seriously in regard to any resident who presents to us with housing and/or social care need and follow process and procedures rigorously and to the letter.

“We cannot discuss details of any individual case but do recognise the incredibly difficult circumstances any individual or household will be experiencing if they have come to us for help. We keep the person at the heart of all we do, doing what we can to tailor our support offer to their individual needs.

“Some cases can be long and complex, involving various stages that may include an emergency response, other offers of support and ultimately, we aim to provide a long-term solution that meets the needs of the individual or household. At all points in the process, any individual or household has a right to decline any support or options put to them. In such circumstances the council continues to work with the individual or household to seek a solution to meet their needs, within our statutory duties and the resources available to us.”

Last year council adult social care budgets were overspent by nearly £600m, according to the Association of Directors of Adult Social Services. 

A government spokesperson told us they had “inherited a devastating housing crisis and a social care system” that they are committed to fixing.

They pointed to their provision of the “largest-ever cash boost in homeless prevention services”, adding that they were also “delivering £26bn for health and social care” and had appointed Baroness Louise Casey to lead an independent commission “to build a social care system that is fair and affordable for all”.

Chloe says the system is broken
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Chloe says the system is broken

Our few days with Chloe reveal a complicated story.

It’s about what happens when someone with complex needs comes face to face with a social care system that is chronically underfunded.

Understanding autism requires time, resources, money – something councils don’t have.

And for Chloe, it’s about trying to find some calm amid the chaos, so she can live her life.

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Sir Keir Starmer says US-UK trade talks ‘well advanced’ and rejects ‘knee-jerk’ response to Donald Trump tariffs

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Sir Keir Starmer says US-UK trade talks 'well advanced' and rejects 'knee-jerk' response to Donald Trump tariffs

Sir Keir Starmer has said US-UK trade talks are “well advanced” ahead of tariffs expected to be imposed by Donald Trump on the UK this week – but rejected a “knee-jerk” response.

Speaking to Sky News political editor Beth Rigby, the prime minister said the UK is “working hard on an economic deal” with the US and said “rapid progress” has been made on it ahead of tariffs expected to be imposed on Wednesday.

But, he admitted: “Look, the likelihood is there will be tariffs. Nobody welcomes that, nobody wants a trade war.

“But I have to act in the national interest and that means all options have to remain on the table.”

Politics latest: Ministers hail ‘huge’ minimum wage boost as bills rise

Sir Keir added: “We are discussing economic deals. We’re well advanced.

“These would normally take months or years, and in a matter of weeks, we’ve got well advanced in those discussions, so I think that a calm approach, a collected approach, not a knee-jerk approach, is what’s needed in the best interests of our country.”

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Keir Starmer

Downing Street said on Monday the UK is expecting to be hit by new US tariffs on Wednesday – branded “liberation day” by the US president – as a deal to exempt British goods would not be reached in time.

A 25% levy on car and car parts had already been announced but the new tariffs are expected to cover all exports to the US.

Jonathan Reynolds, the business and trade secretary, earlier told Sky News he is “hopeful” the tariffs can be reversed soon.

But he warned: “The longer we don’t have a potential resolution, the more we will have to consider our own position in relation to [tariffs], precluding retaliatory tariffs.”

He added the government was taking a “calm-headed” approach in the hope a deal can be agreed but said it is only “reasonable” retaliatory tariffs are an option, echoing Sir Keir’s sentiments over the weekend.

Read more:
Why a figure of 48% is important as Trump tariffs near
Starmer and Trump discuss US-UK ‘prosperity’ deal

Donald Trump speaks to reporters aboard Air Force One. Pic: Reuters
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Donald Trump speaks to reporters aboard Air Force One on Sunday. Pic: Reuters

Tariff announcement on Wednesday

Mr Trump has been threatening tariffs – import taxes – on countries with the biggest trade imbalances with the US.

However, over the weekend, he suggested the tariffs would hit all countries, but did not name them or reveal which industries would be targeted.

Read more: How Trump’s tariffs could affect the UK

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‘Everything on table over US tariffs’

Mr Trump will unveil his tariff plan on Wednesday afternoon at the first Rose Garden news conference of his second term, the White House press secretary said.

“Wednesday, it will be Liberation Day in America, as President Trump has so proudly dubbed it,” Karoline Leavitt said.

“The president will be announcing a tariff plan that will roll back the unfair trade practices that have been ripping off our country for decades. He’s doing this in the best interest of the American worker.”

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Trump’s tariffs: What can we expect?

Tariffs would cut UK economy by 1%

UK government forecaster the Office for Budget Responsibility (OBR) said a 20 percentage point increase in tariffs on UK goods and services would cut the size of the British economy by 1% and force tax rises this autumn.

Global markets remained flat or down on Monday in anticipation of the tariffs, with the FTSE 100 stock exchange trading about 1.3% lower on Monday, closing with a 0.9% loss.

On Wall Street, the S&P 500 rose 0.6% after a volatile day which saw it down as much as 1.7% in the morning.

However, the FTSE 100 is expected to open about 0.4% higher on Tuesday, while Asian markets also steadied, with Tokyo’s Nikkei 225 broadly unchanged after a 4% slump yesterday.

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Motorists who fail drug tests able to drive for up to six months due to backlog in processing results

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Motorists who fail drug tests able to drive for up to six months due to backlog in processing results

Motorists who fail roadside drug tests are being allowed to continue to drive for up to six months because of a backlog in testing confirmatory blood samples.

Some of those drivers have gone on to kill behind the wheel while their results are pending.

The backlog and delay have been described as “unacceptable” by the families of some of those who have died in accidents caused by drug-drivers on bail.

Mother-of-two Jane Hickson died at a junction just metres from her home in Chester when her car was hit by a motorist who had gone through a red light.

Jane Hickson died after being hit by a motorist who was on bail for drug-driving
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Jane Hickson died after being hit by a motorist who was on bail for drug-driving

It was later revealed that the driver Paul Wright had been on bail for drug-driving at that time, having been arrested six months earlier after testing positive at the roadside.

Police were still waiting for the blood test results at the time of the accident in which Ms Hickson died.

“The fact is that those people are out there, driving under the influence of drugs as we’re sat here now. People are at risk, and I don’t think that’s acceptable,” her husband John told Sky News.

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“It’s hard to move on from something that was such a senseless way for Jane to die. I think it’s also completely avoidable. I think, as a society, we have to do something about it. They need to be off the roads as soon as possible.”

Paul Wright. Pic: Cheshire Constabulary
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Paul Wright. Pic: Cheshire Constabulary

Like many, Mr Hickson believes the system for dealing with drug-drivers has not kept pace with the way drink-drivers are caught. They are generally banned within days as the result of confirmatory breath tests at police stations.

This comes at a time when many police forces across the UK report they now are regularly arresting more people for drug-driving than drink-driving.

Experts point to the system used in France and Australia which tests saliva rather than blood and provides a confirmatory, evidential sample within days.

Ean Lewin, the founder of D.tec International, which provides roadside drug tests to police forces across the country, told Sky News: “Saliva is a perfectly acceptable solution, and it can be processed in the laboratory much quicker.

“If we could have an evidential confirmation within a week, we could maybe get them in court the week after, which is the same timescale as is acceptable at the moment for alcohol.”

In January, the minister for the future of roads, Lilian Greenwood, told the Commons she had heard concerns about the issue first-hand while on patrol with police.

Any action now would come too late for the family of Tim Burgess. He was killed in a collision in July which also left his partner with life-changing injuries.

The other driver, Joshua Eldred, was two-and-a-half times the cocaine limit and 16 times over the limit for a compound which shows recent cocaine usage.

Joshua Eldred. Pic: Cheshire Constabulary
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Joshua Eldred. Pic: Cheshire Constabulary

Eldred had been in another crash ten days earlier but had been bailed pending a blood test, meaning he was free to drive. That test later confirmed he’d been taking cocaine.

Mr Burgess’s sister Linzi Stewart has launched a campaign calling for a change in the law.

“I think people just think they can take drugs and get behind the wheel and get away with it because there isn’t an effective system in prosecuting and charging them. There isn’t enough deterrent.

“Road deaths have almost become normalised and there’s so much complacency in the UK around road deaths.”

The National Police Chiefs’ Council declined our request for an interview. Last year it called for new powers to allow officers to instantly disqualify drink or drug-drivers at the side of the road.

Read more:
Officers should be allowed to ban drug-drivers at roadside – police chiefs
Drug-driving warning as footage shows crash

Linzi Stewart is campaigning for a law change
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Linzi Stewart is campaigning for a law change

On the backlog of blood tests for drug-drivers, it said: “The NPCC has been aware in the past of difficulties in the processing of drug-drive blood samples, with backlogs and delays up to six months in some cases.

“However, currently the position is much different with the majority of cases now being processed within six months.”

Months-long delays though, families say, are putting lives at risk.

“I don’t feel angry with the offender because I feel that, if he had been dealt with ten days previously, he hopefully would have learned his lesson,” said Ms Stewart.

“His family’s life has been destroyed, his life’s destroyed, our lives are destroyed. If it had been dealt with at the time, then we wouldn’t be where we are now.”

A Government spokesperson said: “We take road safety extremely seriously, and there are already strict penalties in place for those who are caught drug driving.

“Drug testing is a complex forensic process that must meet strict legal and scientific standards. We are working closely with policing partners to improve efficiency while ensuring the integrity of results that support prosecutions.

“Our roads are among the safest in the world, but we are committed to improving road safety and reducing the number of those killed and injured on our roads.”

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