Sir Keir Starmer has been urged to “say something” about the case of a man who spent 17 years in prison for a rape he did not commit before having his conviction overturned.
Andrew Malkinson was found guilty of raping a woman in Greater Manchester in 2003 and the next year was jailed for life with a minimum term of seven years.
He remained in jail for another decade because he maintained his innocence.
Last month he had his conviction quashedby the Court of Appeal after DNA evidence that linked another man to the crime was produced by his defence team.
Case files obtained by the 57-year-old, seen by Sky News, show that officers and prosecutors knew forensic testing in 2007 had identified a searchable male DNA profile on the rape victim’s clothing that did not match his.
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2:02
‘I was kidnapped by the state’
There is no suggestion that Sir Keir had any involvement in the case or was personally aware of it.
However, Mr Buckland told Sky News: “Some comment from Sir Keir Starmer would be welcome.
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“The DPP isn’t going to be over every case – but the prime minister has spoken about it, the lord chancellor has spoken about it and the only people we have not heard from are Labour and Keir Starmer,” the former justice secretary added.
“I would have thought it would be good for Sir Keir as a former senior lawyer to say something about it and to say he will co-operate with any public inquiry.”
As director of public prosecutions, Sir Keir was the country’s top prosecutor at the time.
As operational decisions are taken at a regional level – his role as head of the CPS has come under scrutiny in light of previous statements he has made.
In April, the Labour leader told Sky News he took “full responsibility for every decision of the Crown Prosecution Service when I was director of public prosecutions”.
“When I was director of public prosecutions, it meant that when we succeeded in some very important prosecutions, as we did… I took the credit for that on behalf of the organisation,” he said at the time.
“Where we got it wrong, I carried the can.”
Sir Keir is yet to make a public comment on Mr Malkinson’s case – which was prosecuted before he joined the CPS – but his deputy, Angela Rayner, told Sky News there had been an “appalling miscarriage of justice” when asked about the timing of the DNA discovery.
“There are serious questions to ask about why that information wasn’t provided and that they didn’t go after the real perpetrator, who of course was then free to carry on doing these horrendous crimes,” she added.
CPS guidance states it must write to the body responsible for investigating possible miscarriages of justice, the Criminal Cases Review Commission (CCRC), “at the earliest opportunity about any case in which there is doubt about the safety of the conviction”.
The CPS claims Mr Malkinson’s lawyers were informed directly of the new DNA evidence.
The CCRC refused to order further forensic testing or refer the case for appeal in 2012, with the case files citing fears about costs.
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Mr Malkinson’s case was described as “astonishing”by former solicitor general Lord Edward Garnier KC, who said there should be an inquiry into the “total public mess” that has unfolded following his exoneration.
He said it was a “terribly bad and shocking case and we should be ashamed of what has happened” and that a public inquiry needs to report within six months and be led by someone of “considerable stature and independence”.
A CPS 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.”
In light of the revelations, the CCRC has said it will review Mr Malkinson’s case.
A spokesman said the commission would be as “open as we can be within our statutory constraints” about “lessons to be learned”.
“We recognise that Mr Malkinson has had a very long journey to clear his name and it is plainly wrong that he spent 17 years in prison for a crime he did not commit.
“We have already been in touch with Greater Manchester Police and with the Crown Prosecution Service to offer our assistance in any of their inquiries.”
Ellie Reeves, Labour’s shadow justice minister, told Sky News that Sir Keir was not the director of public prosecutions when charges were bought – although it was pointed out he was in the role when the charges were referred to the Criminal Cases Review Commission.
She added that while she had not spoken to her party leader about the matter, he has been “clear that this wasn’t something that came across his desk when he was director of public prosecutions”.
Ms Reeves said: “Obviously there has been a huge miscarriage of justice in this case, and I’m sure that will be looked at. But Keir has been clear it wasn’t something that ever came across his desk.”
The Attorney General and the Home Office both declined to comment.
The UK is “really unprepared” to fight a war and has been living on a “mirage” of military strength that was shocking to discover, interviews with almost every defence secretary since the end of the Cold War have revealed.
With Sir Keir Starmer under pressure to accelerate plans to reverse the decline, two new episodes of Sky News and Tortoise’s podcast series The Wargame uncover what happened behind the scenes as Britain switched funding away from warfare and into peacetime priorities such as health and welfare after the Soviet Union collapsed.
This decades-long saga, spanning multiple Labour, Conservative and coalition governments, includes heated rows between the Ministry of Defence (MoD) and the Treasury, threats to resign, and dire warnings of weakness.
It also exposes a failure by the military and civil service to spend Britain’s still-significant defence budget effectively, further compounding the erosion of fighting power.
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4:35
The Wargame: Behind the scenes
‘Russia knew’ about UK’s weaknesses
Now, with the threat from Russia returning, there is a concern the UK has been left to bluff about its ability to respond, rather than pivot decisively back to a war footing.
“We’ve been living on a sort of mirage for so long,” says Sir Ben Wallace, a Conservative defence secretary from 2019 until 2023.
“As long as Trooping the Colour was happening, and the Red Arrows flew, and prime ministers could pose at NATO, everything was fine.
“But it wasn’t fine. And the people who knew it wasn’t fine were actually the Americans, but also the Russians.”
Not enough troops, medics, or ammo
Lord George Robertson, a Labour defence secretary from 1997 to 1999 and the lead author of a major defence review this year, says when he most recently “lifted the bonnet” to look at the state of the Army, Royal Navy and Royal Air Force, he found “we were really unprepared”.
“We don’t have enough ammunition, we don’t have enough logistics, we don’t have enough trained soldiers, the training is not right, and we don’t have enough medics to take the casualties that would be involved in a full-scale war.”
Asked if the situation was worse than he had imagined, Lord Robertson says: “Much worse.”
Image: Robertson meets the PM after last year’s election. Pic: Reuters
‘I was shocked,’ says ex-defence secretary
Sir Gavin Williamson, a former Conservative defence secretary, says he too had been “quite shocked as to how thin things were” when he was in charge at the MoD between 2017 and 2019.
“There was this sort of sense of: ‘Oh, the MoD is always good for a billion [pounds] from Treasury – you can always take a billion out of the MoD and nothing will really change.’
“And maybe that had been the case in the past, but the cupboards were really bare.
“You were just taking the cupboards.”
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0:52
Ben Wallace on role as PM in ‘The Wargame’
But Lord Philip Hammond, a Conservative defence secretary from 2011 to 2014 and chancellor from 2016 until 2019, appears less sympathetic to the cries for increased cash.
“Gavin Williamson came in [to the Ministry of Defence], the military polished up their bleeding stumps as best they could and convinced him that the UK’s defence capability was about to collapse,” he says.
“He came scuttling across the road to Downing Street to say, I need billions of pounds more money… To be honest, I didn’t think that he had sufficiently interrogated the military begging bowls that had been presented to him.”
Image: Hammond at a 2014 NATO meeting. Pic: Reuters
What to expect from The Wargame’s return
Episodes one to five of The Wargame simulate a Russian attack on the UK and imagine what might happen, with former politicians and military chiefs back in the hot seat.
The drama reveals how vulnerable the country has really become to an attack on the home front.
The two new episodes seek to find out why.
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The story of the UK’s hollowed-out defences starts in a different era when an Iron Curtain divided Europe, Ronald Reagan was president of the US, and an Iron Lady was in power in Britain.
Sir Malcolm Rifkind, who went on to serve as defence secretary between 1992 and 1995 under John Major, recalls his time as minister for state at the Foreign Office in 1984.
In December of that year, then prime minister Margaret Thatcher agreed to host a relatively unknown member of the Soviet Communist Party Politburo called Mikhail Gorbachev, who subsequently became the last leader of the Soviet Union.
Sir Malcolm remembers how Mrs Thatcher emerged from the meeting to say: “I think Mr Gorbachev is a man with whom we can do business.”
Image: Gorbachev was hosted at Chequers in 1984. Pic: Reuters
It was an opinion she shared with her close ally, the US president.
Sir Malcolm says: “Reagan would have said, ‘I’m not going to speak to some unknown communist in the Politburo’. But if the Iron Lady, who Reagan thought very highly of, says he’s worth talking to, he must be worth it. We’d better get in touch with this guy. Which they did.
“And I’m oversimplifying it, but that led to the Cold War ending without a shot being fired.”
In the years that followed, the UK and much of the rest of Europe reaped a so-called peace dividend, cutting defence budgets, shrinking militaries and reducing wider readiness for war.
Into this different era stepped Tony Blair as Labour’s first post-Cold War prime minister, with Lord Robertson as his defence secretary.
Image: Robertson and Blair in 1998. Pic: Reuters
Lord Robertson reveals the threat he and his ministerial team secretly made to protect their budget from then chancellor Gordon Brown amid a sweeping review of defence, which was meant to be shaped by foreign policy, not financial envelopes.
“I don’t think I’ve ever said this in public before, but John Reid, who was the minister for the Armed Forces, and John Speller, who was one of the junior ministers in the department, the three of us went to see Tony Blair late at night – he was wearing a tracksuit, we always remember – and we said that if the money was taken out of our budget, the budget that was based on the foreign policy baseline, then we would have to resign,” Lord Robertson says.
“We obviously didn’t resign – but we kept the money.”
The podcast hears from three other Labour defence secretaries: Geoff Hoon, Lord John Hutton and the current incumbent, John Healey.
Image: John Healey, the current defence secretary. Pic: PA
For the Conservatives, as well as Rifkind, Hammond, Williamson and Wallace, there are interviews with Liam Fox, Sir Michael Fallon, Dame Penny Mordaunt and Sir Grant Shapps.
In addition, military commanders have their say, with recollections from Field Marshal Lord David Richards, who was chief of the defence staff from 2010 until 2013, General Sir Nick Carter, who led the armed forces from 2018 until 2021, and Vice Admiral Sir Nick Hine, who was second in charge of the navy from 2019 until 2022.
‘We cut too far’
At one point, Sir Grant, who held a variety of cabinet roles, including defence secretary, is asked whether he regrets the decisions the Conservative government took when in power.
He says: “Yes, I think it did cut defence too far. I mean, I’ll just be completely black and white about it.”
Lord Robertson says Labour too shares some responsibility: “Everyone took the peace dividend right through.”
Former parliamentary researcher Christopher Cash and teacher Christopher Berry were accused of passing secrets to Beijing between 2021 and 2023. They deny the allegations.
Image: Christopher Cash (L) and Christopher Berry (R). Pics: Reuters
The charges were dropped in September as the CPS said it could not get evidence from the government referring to China as a national security threat, prompting accusations of a “cover-up” by the Conservatives.
The report by the cross-party group of MPS and peers said the case was beset by “confusion and misaligned expectations” and cautioned against dismissing the case as a “one-off” caused by outdated espionage laws – something the government blamed for the case’s collapse.
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0:58
Sky questions China on alleged spying
‘Serious systemic failures’
The committee – which launched a highly unusual investigation following the controversy – warned there are parallels in new legislation which must be handled carefully to prevent a similar issue from recurring.
But while “the sequence of some events has raised eyebrows”, it found no evidence of deliberate or co-ordinated attempts to block or collapse the prosecution – including by the prime minister’s national security adviser Jonathan Powell, who met with officials about the case two days before it was dropped.
Image: Jonathan Powell. Pic: PA
However, the committee added: “Overall it is clear that there were serious systemic failures and deficiencies in communications, co-ordination and decision-making.”
It described communications between the government and CPS as “inadequate” and lacking clarity, with an “insufficiently robust” level of senior oversight right from the start of proceedings in 2023 under the Tories.
A statement by deputy national security adviser (DNSA) Matt Collins became the focus after the case’s collapse.
Prosecutors said his refusal to describe Beijing as a “threat” to national security meant the case could not continue.
Mr Collins, the central expert prosecution witness, told the investigation he had provided evidence of a “range of threats” posed by China, but did not describe it as a “generic” threat as that was not the then Tory government’s position.
The committee acknowledged the CPS’s assertion it would have undermined the case at trial if Mr Collins refused to describe China as an active threat, but suggested his statements taken together would have been sufficient.
“We regret that common sense interpretations of the wording provided in the DNSA’s witness statements were apparently not a sufficiently strong basis for meeting the evidential requirements the Crown Prosecution Service considered necessary under the Official Secrets Act 1911,” it said.
It accepted the “root cause” of the problems lay with the Official Secrets Act, which required the term “enemy” to be used of a foreign power, but warned the new National Security Act 2023 doesn’t eliminate “diplomatic sensitivities” around labelling people members of a foreign intelligence service.
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2:18
Could a ‘super embassy’ pose a threat?
The committee recommends:
• The Cabinet Office and security services to work with the CPS to formalise principles for handling sensitive cases within the next six months
• Establishing a new rule for a formal case “conference” within 30 days of such charges to avoid a “lack of clarity” over evidence in future.
“We urge the government to avoid characterising the failure of the Cash/Berry case as a one-off peculiarity created solely by outdated legislation: there are structural parallels in the National Security Act 2023 which will require careful handling to avoid comparable issues recurring,” the committee said.
A CPS spokesperson said: “We recognise the strong interest in this case. We will review the recommendations carefully and work with partners to identify where improvements can be made.
“Our decisions are made independently and based on law and evidence, and that principle remains at the heart of our work.”
A government spokesperson said: “We welcome the committee’s report that makes clear that allegations about interference in this case were baseless and untrue.
“The decision to drop the case was taken independently by the Crown Prosecution Service. We remain disappointed that this case did not reach trial.
“Protecting national security is our first duty, and we will never waver from our efforts to keep the British people safe.”
Prediction market odds on Kevin Hasset becoming the next chair of the US Federal Reserve spiked after US President Donald Trump appeared to hint at who he has in mind during a White House event.
Speaking at the White House on Tuesday, Trump introduced guests, welcoming Hassett as a “potential Fed chair.”
“It’s a great group, and I guess a potential Fed chair is here too,” he said. “I don’t know, are we allowed to say that, potential? He’s a respected person, that I can tell you. Thank you, Kevin.”
It was only during a cabinet meeting earlier in the day that Trump reportedly said they had already whittled the race down to one person.
“I think we probably looked at 10 and we have it down to one,” he said.
The odds on blockchain-based prediction market Kalshi for Hassett to be nominated as chairman of the Fed rose to 85% following Trump’s comments, from around 66%. On Polymarket, the odds followed a similar pattern.
Prediction market for the next Fed chair. Source: Kalshi
Kevin Hassett is the director of the government’s National Economic Council, having taken the role in January 2025 after being selected by Trump.
Regarded as crypto-friendly with a $1 million stake in Coinbase and having overseen the digital asset working group, Hassett is one of many candidates being explored for the leadership of the Fed, with Jerome Powell’s term set to end in May 2026.
Trump has had a tense relationship with Powell since taking office.
In late November, Trump said, “I’d love to fire his ass … grossly incompetent.”
Treasury Secretary Scott Bessent has been tasked with leading the search for the next Fed chair. In terms of what the government is looking for, last month, Bessent said the government was looking for a leader who could guide the Fed more quietly behind the scenes.
“I think it’s time for the Fed just to move back into the background, like it used to do, calm things down and work for the American people,” he said.
While the Fed doesn’t have a direct impact on crypto regulation, its actions significantly influence market sentiment, as it guides monetary policy and interest rates.
Lower rates generally serve as a boon for crypto, and Hassett has previously criticized the Fed’s rate policy for being too high.
Meanwhile, the Fed also oversees banking, and if it were to tighten or loosen specific rules, it could impact crypto firms’ dealings with the banking sector.