Andrew Malkinson: Police investigated over man’s wrongful jailingon September 13, 2023 at 5:08 pm

The police watchdog is investigating how Greater Manchester Police (GMP) handled the case of Andrew Malkinson, jailed for 17 years for a rape crime he did not commit.

The Independent Office for Police Conduct (IOPC) will look at why the force rejected complaints from Mr Malkinson’s legal team.

GMP destroyed evidence and the jury at his trial was not told that key witnesses were criminals.

The force has declined to comment.

In July, Mr Malkinson was cleared by the Court of Appeal of the 2003 rape of a woman near Bolton.

He had been convicted in 2004 solely on the basis of contested eyewitness evidence that placed him at the scene of the crime.

He won his long legal battle after his lawyers proved that there was DNA evidence linking another identifiable man to the attack.

The Court of Appeal also ruled that the jury at Mr Malkinson’s trial should have been told that two supposedly key witnesses were in fact serial petty criminals with convictions for dishonesty.

During Mr Malkinson’s legal fight, he and his lawyers complained to GMP that they withheld information about these witnesses – and had also destroyed the victim’s clothing.

The DNA profile for the man now identified as the prime suspect in the case had been recovered from her vest top. That original item of clothing – potentially crucial to any new prosecution – no longer exists.

The IOPC said that GMP had not handled these complaints “in a reasonable and proportionate matter”.

Its review had “highlighted significant issues” and outstanding lines of inquiry – and therefore it needed to launch an independent inquiry into what had happened.

Amanda Rowe, IOPC director of operations, said: “Given our concerns over GMP’s handling of the complaints – and the significant public interest in a case that led to a man spending 17 years in jail for a crime he didn’t commit – our involvement will ensure there is thorough scrutiny of the actions of police involved.

“Our investigation, which will be carried out independently of the police, will focus on the specific allegations raised in Mr Malkinson’s complaints.”

Mr Malkinson welcomed the investigation.

“I never trusted GMP to conduct an effective investigation into my complaints of police misconduct and corruption,” he said.

“This IOPC investigation should be led by a member of the IOPC who is not a former police officer, Nobody else should have to go through what I have been through.”

The IOPC announcement means there are now five major investigations or reviews into Mr Malkinson’s ordeal or issues relating to it.

Justice Secretary Alex Chalk has announced an independent inquiry into all the actions of Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission (CCRC), the body that twice refused to send Mr Malkinson’s case back to the Court of Appeal.

The CCRC is carrying out its own internal review, headed by a senior criminal barrister.

The Law Commission, an official body that advises ministers on major reforms, is consulting on wider changes to criminal appeals – a project informed by Mr Malkinson’s case.

Lastly, GMP is still investigating the 2003 rape. Despite knowing the identity of the man whose DNA was found on the victim’s clothing, there has been no decision on whether to charge him with an offence.

The force has declined to comment on the IOPC’s investigation, but in previous statements it has said it would co-operate fully with the main independent inquiry.