Sir Keir Starmer says questions about his CPS role during Andrew Malkinson case should be ‘directed elsewhere’
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.
Politics
Specialist teams and online investigators deployed across England and Wales to tackle ‘national emergency’ of violence against women and girls
Specialist investigation teams for rape and sexual offences are to be created across England and Wales as the home secretary declares violence against women and girls a “national emergency”.
Shabana Mahmood said the dedicated units will be in place across every force by 2029 as part of Labour’s violence against women and girls (VAWG) strategy due to be launched later this week.
The use of Domestic Abuse Protection Orders (DAPOs), which had been trialled in several areas, will also be rolled out across England and Wales. They are designed to target abusers by imposing curfews, electronic tags and exclusion zones.
The orders cover all forms of domestic abuse, including economic abuse, coercive and controlling behaviour, stalking and ‘honour’-based abuse. Breaching the terms can carry a prison term of up to five years.
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Govt ‘thinking again’ on abuse strategy
Nearly £2m will also be spent funding a network of officers to target offenders operating within the online space.
Teams will use covert and intelligence techniques to tackle violence against women and girls via apps and websites.
A similar undercover network funded by the Home Office to examine child sexual abuse has arrested over 1,700 perpetrators.
Abuse is ‘national emergency’
Ms Mahmood said in a statement: “This government has declared violence against women and girls a national emergency.
“For too long, these crimes have been considered a fact of life. That’s not good enough. We will halve it in a decade.
“Today, we announce a range of measures to bear down on abusers, stopping them in their tracks. Rapists, sex offenders and abusers will have nowhere to hide.”
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The target to halve violence against women and girls in a decade is a Labour manifesto pledge.
The government said the measures build on existing policy, including facial recognition technology to identify offenders, improving protections for stalking victims, making strangulation a criminal offence and establishing domestic abuse specialists in 999 control rooms.
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But the Conservatives said Labour had “failed women” and “broken its promises” by delaying the publication of the violence against women and girls strategy.
Shadow home secretary Chris Philp said that Labour “shrinks from uncomfortable truths, voting against tougher sentences and presiding over falling sex-offender convictions. At every turn, Labour has failed women”.
Home Secretary Shabana Mahmood will be on Sunday Morning with Trevor Phillips on Sky News this morning from 8.30am.
The United States Securities and Exchange Commission (SEC) published a crypto wallet and custody guide investor bulletin on Friday, outlining best practices and common risks of different forms of crypto storage for the investing public.
The SEC’s bulletin lists the benefits and risks of different methods of crypto custody, including self-custody versus allowing a third-party to hold digital assets on behalf of the investor.
If investors choose third-party custody, they should understand the custodian’s policies, including whether it “rehypothecates” the assets held in custody by lending them out or if the service provider is commingling client assets in a single pool instead of holding the crypto in segregated customer accounts.
Crypto wallet types were also outlined in the SEC guide, which broke down the pros and cons of hot wallets, which are connected to the internet, and offline storage in cold wallets.
Hot wallets carry the risk of hacking and other cybersecurity threats, according to the SEC, while cold wallets carry the risk of permanent loss if the offline storage fails, a storage device is stolen, or the private keys are compromised.
The SEC’s crypto custody guide highlights the sweeping regulatory change at the agency, which was hostile to digital assets and the crypto industry under former SEC Chairman Gary Gensler’s leadership.
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The crypto community celebrates the SEC guide as a transformational change in the agency
“The same agency that spent years trying to kill the industry is now teaching people how to use it,” Truth For the Commoner (TFTC) said in response to the SEC’s crypto custody guide.
The SEC is providing “huge value” to crypto investors by educating prospective crypto holders about custody and best practices, according to Jake Claver, the CEO of Digital Ascension Group, a company that provides services to family offices.
SEC regulators published the guide one day after SEC Chair Paul Atkins said that the legacy financial system is moving onchain.
On Thursday, the SEC gave the green light to the Depository Trust and Clearing Corporation (DTCC), a clearing and settlement company, to begin tokenizing financial assets, including equities, exchange-traded funds (ETFs) and government debt securities.
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Greens leader Zack Polanski has rejected claims his party would push for open borders on immigration, telling Sky News it is “not a pragmatic” solution for a world in “turmoil”.
Mr Polanski distanced himself from his party’s “long-range vision” for open borders, saying it was not in his party’s manifesto and was an “attack line used by opponents” to question his credibility.
It came as Mr Polanski, who has overseen a spike in support in the polls to double figures, refused to apologise over controversial comments he made about care workers on BBC Question Time that were criticised across the political spectrum.
Mr Polanski was speaking to Sky News earlier this week while in Calais, where he joined volunteers and charities to witness how French police handle the arrival of migrants in the town that is used as a departure point for those wanting to make the journey to the UK.
He told Sky News he had made the journey to the French town – once home to the “Jungle” refugee camp before it was demolished in 2016 – to tackle “misinformation” about migration and to make the case for a “compassionate, fair and managed response” to the small boats crisis.
He said that “no manifesto ever said anything about open borders” and that the Greens had never stood at a general election advocating for them.
“Clearly when the world is in political turmoil and we have deep inequality, that is not a situation we can move to right now,” he said.
“That would also involve massive international agreements and cooperation. That clearly is not a pragmatic conversation to have right now. And very often the government try to push that attack line to make us look not pragmatic.”
The party’s manifesto last year did not mention open borders, but it did call for an end to the “hostile environment”, more safe and legal routes and for the Home Office to be abolished and replaced with a department of migration.
Asked why the policy of minimal restrictions on migration had been attributed to his party, Mr Polanski said open borders was part of a “long-range vision of what society could look like if there was a Green government and if we’d had a long time to fix some of the systemic problems”.
‘We should recognise the contribution migrants make’
Mr Polanski, who was elected Green Party leader in September and has been compared to Nigel Farage over his populist economic policies, said his position was one of a “fair and managed” migration system – although he did not specify whether that included a cap on numbers.
He acknowledged that there needed to be a “separate conversation” about economic migration but that he did not believe any person who boarded a small boat was in a “good situation”.
While Mr Polanski stressed that he believed asylum seekers should be able to work in Britain and pay taxes, he also said he believed in the need to train British workers in sectors such as care, where one in five are foreign nationals.
Asked what his proposals for a fair and managed migration system looked like, and whether he supported a cap on numbers, Mr Polanski said: “We have 100,000 vacancies in the National Health Service. One in five care workers in the care sector are foreign nationals.
Zack Polanski speaks to Sky News from a warehouse in Calais where charities and organisations provide migrants with essentials.
“Now, of course, that is both British workers and we should be training British workers, but we should recognise the contribution that migrants and people who come over here make.”
I’m not going to apologise’
Mr Polanski also responded to the criticism he attracted over his comments about care workers on Question Time last week, where he told the audience: “I don’t know about you, but I don’t particularly want to wipe someone’s bum” – before adding: “I’m very grateful for the people who do this work.”
His comments have been criticised by a number of Labour MPs, including Wes Streeting, the health secretary, who said: “Social care isn’t just ‘wiping someone’s bum’. It is a hard, rewarding, skilled professional job.
“This is immigration as exploitation.”
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Asked whether he could understand why some care workers might feel he had talked down to them, the Greens leader replied: “I care deeply about care workers. When I made those comments, it’s important to give a full context. I said ‘I’m very grateful to people who do this important work’ and absolutely repeat that it’s vital work.”
“Of course, it is not part of the whole job, and I never pretended it was part of the whole job.”
Mr Polanski said he “totally” rejected the suggestion that he had denigrated the role of care workers in the eyes of the public and said his remarks were made in the context of a “hostile Question Time” where he had “three right-wing panellists shouting at me”.
Pressed on whether he wanted to apologise, he replied: “I’m not going to apologise for being really clear that I’m really grateful to the people who do this really vital work. And yes, we should be paying them properly, too.”
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