Andrew Malkinson: Sir Keir Starmer urged to co-operate with potential public inquiry into ‘appalling’ miscarriage of justice
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.
Former justice secretary Robert Buckland has said the Labour leader – who was director of public prosecutions (DPP) and head of the CPS from 2008 to 2013 – should also co-operate with any potential public inquiry into the miscarriage of justice.
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 quashed by 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.
Notes of a meeting between the Forensic Science Service, the CPS and Greater Manchester Police (GMP) in December 2009 – a year into Sir Keir’s tenure – suggest the CPS understood the possible importance of the 2007 DNA find.
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‘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.
“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”.
But the case files show both the police and the CPS chose to take no further action and there is no record the CPS directly informed the CCRC.
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.”
Read more:
Miscarriages of justice body to review handling of wrongful rape conviction
Police ‘knew DNA on rape victim’s clothes didn’t match’ man who was convicted and put behind bars for 13 years
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.
Chancellor Rachel Reeves has suffered another budget blow with a rebellion by rural Labour MPs over inheritance tax on farmers.
Speaking during the final day of the Commons debate on the budget, Labour backbenchers demanded a U-turn on the controversial proposals.
Plans to introduce a 20% tax on farm estates worth more than £1m from April have drawn protesters to London in their tens of thousands, with many fearing huge tax bills that would force small farms to sell up for good.
Farmers have staged numerous protests against the tax in Westminster. Pic: PA
MPs voted on the so-called “family farms tax” just after 8pm on Tuesday, with dozens of Labour MPs appearing to have abstained, and one backbencher – borders MP Markus Campbell-Savours – voting against, alongside Conservative members.
In the vote, the fifth out of seven at the end of the budget debate, Labour’s vote slumped from 371 in the first vote on tax changes, down by 44 votes to 327.
‘Time to stand up for farmers’
The mini-mutiny followed a plea to Labour MPs from the National Farmers Union to abstain.
“To Labour MPs: We ask you to abstain on Budget Resolution 50,” the NFU urged.
“With your help, we can show the government there is still time to get it right on the family farm tax. A policy with such cruel human costs demands change. Now is the time to stand up for the farmers you represent.”
After the vote, NFU president Tom Bradshaw said: “The MPs who have shown their support are the rural representatives of the Labour Party. They represent the working people of the countryside and have spoken up on behalf of their constituents.
“It is vital that the chancellor and prime minister listen to the clear message they have delivered this evening. The next step in the fight against the family farm tax is removing the impact of this unjust and unfair policy on the most vulnerable members of our community.”
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Farmers defy police ban in budget day protest in Westminster.
The government comfortably won the vote by 327-182, a majority of 145. But the mini-mutiny served notice to the chancellor and Sir Keir Starmer that newly elected Labour MPs from the shires are prepared to rebel.
Speaking in the debate earlier, Mr Campbell-Savours said: “There remain deep concerns about the proposed changes to agricultural property relief (APR).
“Changes which leave many, not least elderly farmers, yet to make arrangements to transfer assets, devastated at the impact on their family farms.”
Samantha Niblett, Labour MP for South Derbyshire abstained after telling MPs: “I do plead with the government to look again at APR inheritance tax.
“Most farmers are not wealthy land barons, they live hand to mouth on tiny, sometimes non-existent profit margins. Many were explicitly advised not to hand over their farm to children, (but) now face enormous, unexpected tax bills.
“We must acknowledge a difficult truth: we have lost the trust of our farmers, and they deserve our utmost respect, our honesty and our unwavering support.”
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UK ‘criminally’ unprepared to feed itself in crisis, says farmers’ union.
Labour MPs from rural constituencies who did not vote included Tonia Antoniazzi (Gower), Julia Buckley (Shrewsbury), Jonathan Davies (Mid Derbyshire), Maya Ellis (Ribble Valley), and Anna Gelderd (South East Cornwall), Ben Goldsborough (South Norfolk), Alison Hume (Scarborough and Whitby), Terry Jermy (South West Norfolk), Jayne Kirkham (Truro and Falmouth), Noah Law (St Austell and Newquay), Perran Moon, (Camborne and Redruth), Samantha Niblett (South Derbyshire), Jenny Riddell-Carpenter (Suffolk Coastal), Henry Tufnell (Mid and South Pembrokeshire), John Whitby (Derbyshire Dales) and Steve Witherden (Montgomeryshire and Glyndwr).
The UK has passed a bill into law that treats digital assets, such as cryptocurrencies and stablecoins, as property, which advocates say will better protect crypto users.
Lord Speaker John McFall announced in the House of Lords on Tuesday that the Property (Digital Assets etc) Bill was given royal assent, meaning King Charles agreed to make the bill into an Act of Parliament and passed it into law.
Freddie New, policy chief at advocacy group Bitcoin Policy UK, said on X that the bill “becoming law is a massive step forward for Bitcoin in the United Kingdom and for everyone who holds and uses it here.”
Common law in the UK, based on judges’ decisions, has established that digital assets are property, but the bill sought to codify a recommendation made by the Law Commission of England and Wales in 2024 that crypto be categorized as a new form of personal property for clarity.
“UK courts have already treated digital assets as property, but that was all through case-by-case judgments,” said the advocacy group CryptoUK. “Parliament has now written this principle into law.”
“This gives digital assets a much clearer legal footing — especially for things like proving ownership, recovering stolen assets, and handling them in insolvency or estate cases,” it added.
Digital “things” now considered personal property
CryptoUK said that the bill confirms “that digital or electronic ‘things’ can be objects of personal property rights.”
UK law categorizes personal property in two ways: a “thing in possession,” which is tangible property such as a car, and and a “thing in action,” intangible property, like the right to enforce a contract.
The bill clarifies that “a thing that is digital or electronic in nature” isn’t outside the realm of personal property rights just because it is neither a “thing in possession” nor a “thing in action.”
The Law Commission argued in its report in 2024 that digital assets can possess both qualities, and said that their unclear fit into property rights laws could hamstring dispute resolutions in court.
Related: Group of EU banks pushes for a euro-pegged stablecoin by 2027
Change gives “greater clarity” to crypto users
CryptoUK said on X that the law gives “greater clarity and protection for consumers and investors” and gives crypto holders “the same confidence and certainty they expect with other forms of property.”
“Digital assets can be clearly owned, recovered in cases of theft or fraud, and included within insolvency and estate processes,” it added.
The group added that the UK now has a “clear legal basis for ownership and transfer” of crypto and the country would now be “better positioned to support the growth of new financial products, tokenised real-world assets, and more secure digital markets.”
The country’s finance authority reported late last year that roughly 12% of UK adults own cryptocurrency, up from 10% in its previous findings.
The UK also revealed plans for a crypto regulatory regime in April that would bring crypto businesses under similar rules to other finance companies, aiming to make the country a global hub for crypto while promoting consumer protections.
Magazine: 2026 is the year of pragmatic privacy in crypto — Canton, Zcash and more
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.
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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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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.”
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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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.”
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.
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.”
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.”
Read more from Sky News:
Courts in ‘calamitous’ state
Reeves faces rural Labour rebellion
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.
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.
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.”
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