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Sir Keir Starmer has said questions about his role as the director of public prosecutions (DPP) during the wrongful conviction of Andrew Malkinson should be “directed elsewhere”.

The Labour leader said Mr Malkinson – who spent 17 years in prison for a rape he did not commit before having his conviction overturned – had been through a “real ordeal” and that there should be an inquiry to “get to the bottom of that”.

There have been questions regarding Sir Keir’s role as DPP and head of the Crown Prosecution Service (CPS) after it emerged that DNA evidence which exonerated Mr Malkinson came to light in 2007 and was known to all the key agencies, including the CPS, in 2009.

Sir Keir was DPP from 2008 to 2013.

While Labour has said the case never crossed his desk and that Sir Keir had no personal involvement in it, his role as the head of the CPS has come under scrutiny in light of previous statements he has made.

The Labour leader told Sky News in April that he took “full responsibility for every decision of the Crown Prosecution Service when I was director of public prosecutions”.

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Asked whether that meant he accepted a role “in the miscarriage of justice” regarding Mr Malkinson, Sir Keir replied: “I’ve seen the statement the Crown Prosecution Service have put out, and so far as I can see, they discharged their obligations by making sure the material in question was given to Mr Malkinson’s lawyers.

“That’s what they should have done. That’s what I understand they did – so I think the questions in this case are actually directed elsewhere.”

Mr Malkinson, 57, 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.

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Innocent man locked away for 17 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 Mr Malkinson as he battled to be freed – and seen by Sky News – show 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.

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.

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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.

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.

Former justice secretary Robert Buckland also told Sky News that “some comment from Sir Keir would be welcome”.

“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,” he said.

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.

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“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.”

The attorney general and the Home Office both declined to comment.

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A new bill in Wisconsin could exempt local crypto users and businesses from money transmitter licenses, boosting mining, staking, and blockchain development.

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Streeting tells BMA doctors’ union to ‘pick a side’ between Reform and Labour

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Streeting tells BMA doctors' union to 'pick a side' between Reform and Labour

Health Secretary Wes Streeting has told the BMA doctors’ union to “pick a side” between Reform and Labour over their pay dispute.

Mr Streeting, talking to Sky News political editor Beth Rigby on the Electoral Dysfunction podcast, said the Labour Party will always be on the side of the NHS, while Reform leader Nigel Farage would “check your credit card before your pulse”.

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The health secretary sits down with Sky’s Beth Rigby in the latest episode of Electoral Dysfunction.

In July, resident doctors, previously known as junior doctors, went on strike over their pay and are threatening to strike again following years of walkouts under the previous Tory government.

In a preview of what his speech on Tuesday to the Labour Party conference will focus on, Mr Streeting said: “I’d say to the BMA, pick a side because you’ve got a choice here and there’s a government that wants to work with you.”

During a live recording of Electoral Dysfunction at the conference in Liverpool, he added: “What I’ve said to the BMA is the NHS is hanging by a thread, don’t pull it.

“It wouldn’t be in the interest of the BMA – there isn’t a more pro-doctor, pro-NHS government waiting in the wings.”

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He mentioned Mr Farage’s plan to introduce health insurance, adding: “The BMA should really think about this in terms of their members.”

Mr Farage has also pledged to abolish indefinite leave to remain and put in place a minimum salary of £60,000 for skilled worker visas.

Speaking on the Electoral Dysfunction podcast, Wes Streeting told the BMA to 'pick a side'
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Speaking on the Electoral Dysfunction podcast, Wes Streeting told the BMA to ‘pick a side’

The health secretary said that would be “shooting ourselves in the foot” when it comes to NHS staff.

“Farage says ‘go home’, the Labour Party says ‘this is your home and with us this will always be your home’,” he said.

Lib Dems are ‘frenemies’

Mr Streeting said he thinks there will be lots of disaffected Conservative voters who do not want to see Reform in government, and said they are “welcome to get behind us”.

He added some of those voters will support the Lib Dems, who he called “frenemies” of Labour – “some days they’re friends, some days they’re enemies” – but said “we have a common enemy in Reform”.

Greater Manchester mayor Andy Burnham
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Greater Manchester mayor Andy Burnham

We need Burnham on the pitch

Mr Streeting also addressed the potential of Greater Manchester mayor Andy Burnham challenging Sir Keir Starmer for his premiership.

He said he thought Mr Burnham claiming there is a “culture of fear” within the Labour Party “was an overstatement”.

Asked if the mayor is a team player, Mr Streeting said: “On his best days, yes.”

But he said recently “he’s had his ups and downs”.

However, he added: “I think the thing about Andy, he’s one of our star players, and we need him on the pitch.”

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