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
Transport Secretary Louise Haigh admits pleading guilty to offence in connection with misleading police in 2014
Transport Secretary Louise Haigh has admitted pleading guilty to an offence connected with misleading the police while a parliamentary candidate in 2014, Sky News can reveal.
Sky News understands Ms Haigh appeared at Camberwell Green Magistrates’ Court six months before the 2015 general election, after making a false report to officers that her mobile phone had been stolen.
Ms Haigh said she was “mugged while on a night out” in 2013. She then reported the incident to the police and gave officers a list of items she believed had been taken – including a work mobile phone.
In a statement to Sky News, the transport secretary said she discovered “some time later” that “the mobile in question had not been taken”.
She added: “In the interim, I had been issued with another work phone.”
The transport secretary said: “The original work device being switched on triggered police attention and I was asked to come in for questioning.
“My solicitor advised me not to comment during that interview and I regret following that advice.
“The police referred the matter to the CPS and I appeared before Southwark magistrates.”
Ms Haigh continued: “Under the advice of my solicitor I pleaded guilty – despite the fact this was a genuine mistake from which I did not make any gain.
“The magistrates accepted all of these arguments and gave me the lowest possible outcome (a discharge) available.”
It’s understood her conviction is now classified as ‘spent’.
However, three separate sources claimed she made the false report to benefit personally, with two of the sources alleging she wanted a more modern work handset that was being rolled out to her colleagues at the time.
The now cabinet minister had been working as a public policy manager at Aviva, but two sources said she lost her job at the insurance firm because of the incident.
Her government profile states she left this role in 2015 before becoming the MP for Sheffield Heeley at that year’s general election.
Sky News understands the incident was disclosed in full when Ms Haigh was appointed to the shadow cabinet.
In the statement given to Sky News, the transport secretary said: “I was a young woman and the experience was terrifying.”
Conservative Party Chairman Nigel Huddleston told Sky News the revelations are “extremely concerning”.
He added: “Keir Starmer has serious questions to answer regarding what he knew and when about the person he appointed as transport secretary admitting to having misled the police.”
Before entering politics, the transport secretary was a special constable in the Metropolitan Police – serving between 2009 and 2011 in the South London Borough of Lambeth, close to where she was convicted several years later.
Louise Haigh was a special constable from 2009-2011. Pic: www.louisehaigh.org.uk
She was appointed shadow policing minister by Jeremy Corbyn in 2017 and frequently drew on her experience in the Met when challenging the Tory government on the rising demands on officers.
As transport secretary, Ms Haigh appoints members of the board that oversees the British Transport Police.
In 2019 she said that Boris Johnson had “deceived the police” and committed a “serious breach of trust” over claims he politicised serving officers during a speech in West Yorkshire.
Sir Keir Starmer promoted the Sheffield MP to shadow Northern Ireland secretary in 2020 before moving her to shadow transport secretary in 2021.
In this brief she has been an outspoken critic of the mass sacking of 800 workers by P&O Ferries in 2022.
In October, while transport secretary, she accused P&O of being a “rogue operator” and called for a boycott of its services.
The comments caused the firm’s Dubai-based owner to review a planned £1bn UK port investment – something that was re-confirmed after ministers held urgent talks with the company.
Louise Haigh has been the Member of Parliament for Sheffield Heeley since 2015
But she was publicly rebuked by Sir Keir who said her opinions were “not the view of the government”.
With connections to former Downing Street chief of staff Sue Gray, there has been speculation her cabinet role could be under threat in a future reshuffle.
Ms Gray’s son, Labour MP Liam Conlon, is Ms Haigh’s parliamentary private secretary and acts as her “eyes and ears” in parliament, while another of her former employees also worked for the former chief of staff before she was sacked after losing a power struggle within Number 10.
As transport secretary, Ms Haigh was one of a handful of cabinet ministers who complained to the Treasury about impending cuts in the budget.
She is considered to be one of the more left-wing members of the cabinet and has vowed to “rip up the roots of Thatcherism” with her plans for rail and bus reform.
In 2015, Ms Haigh was one of a number of Labour MPs to nominate Mr Corbyn for leader – a decision she later said she regretted.
UK
MasterChef’s Gregg Wallace steps down as Kirsty Wark among 13 who claim he made inappropriate sexual jokes
MasterChef host Gregg Wallace has stepped down over allegations he made a series of inappropriate sexual comments on a range of programmes over 17 years.
Broadcaster Kirsty Wark is among 13 people who have made claims, with Wallace being investigated by MasterChef’s production company Banijay UK.
In an interview with the BBC, the Newsnight presenter, who was a celebrity contestant on MasterChef in 2011, claimed Wallace used “sexualised language”.
“There were two occasions in particular where he used sexualised language in front of a number of people and it wasn’t as if it was anyone engaged with this,” Wark said.
“It was completely one-way traffic. I think people were uncomfortable and something that I really didn’t expect to happen.”
Sky News has contacted Wallace’s representative for comment.
Kirsty Wark. File pic: PA
‘Fully cooperating’
Banijay UK said the complaints were made to the BBC this week by “individuals in relation to historical allegations of misconduct while working with Gregg Wallace on one of our shows”.
The company said the 60-year-old, who has been a co-presenter and judge of the popular cooking show since 2005, was “committed to fully cooperating throughout the process”.
“Whilst these complainants have not raised the allegations directly with our show producers or parent company Banijay UK, we feel that it is appropriate to conduct an immediate, external review to fully and impartially investigate,” the company said.
“While this review is under way, Gregg Wallace will be stepping away from his role on MasterChef and is committed to fully co-operating throughout the process.
“Banijay UK’s duty of care to staff is always a priority and our expectations regarding behaviour are made clear to both cast and crew on all productions, with multiple ways of raising concerns, including anonymously, clearly promoted on set.
“Whilst these are historical allegations, incidences brought to our attention where these expectations are not met, are thoroughly investigated and addressed appropriately.”
A BBC spokesman said: “We take any issues that are raised with us seriously and we have robust processes in place to deal with them.
“We are always clear that any behaviour which falls below the standards expected by the BBC will not be tolerated.
“Where an individual is contracted directly by an external production company we share any complaints or concerns with that company and we will always support them when addressing them.”
Previous investigation
Last month, Wallace responded to reports that a previous BBC review had found he could continue working at the corporation following reports of an alleged incident in 2018 when he appeared on Impossible Celebrities.
Wallace said those claims had been investigated “promptly” at the time and said he had not said “anything sexual” while appearing on the game show more than half a decade ago.
In an Instagram post following an article in The Sun newspaper, he wrote: “The story that’s hitting the newspapers was investigated promptly when it happened six years ago by the BBC.
“And the outcome of that was that I hadn’t said anything sexual. I’ll need to repeat this again. I didn’t say anything sexual.”
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Alongside MasterChef, Wallace presented Inside The Factory for BBC Two from 2015.
Wallace and Anne-Marie Sterpini in 2014. Pic: PA
Wallace has featured on various BBC shows over the years, including Saturday Kitchen, Eat Well For Less, Supermarket Secrets, Celebrity MasterChef and MasterChef: The Professionals, as well as being a Strictly Come Dancing contestant in 2014.
He was made an MBE for services to food and charity last year.
Recorded episodes of MasterChef: The Professionals featuring Wallace will be transmitted as planned, the PA news agency understands.
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