Robert Buckland

The Body which looks into potential miscarriages of justice will review how it handled the case of Andy Malkinson, who spent 17 years in prison after his wrongful conviction for rape.

The Criminal Cases Review Commission (CCRC) said it " long recognised" it was important to have a review.

Mr Malkinson said there was also a need for a public inquiry.

It Comes as questions are being raised over why Mr Malkinson was not granted an appeal as long ago as 2009.

His conviction was only overturned last month after being found guilty in 2004.

The Court of Appeal quashed the 57-year-old's conviction after The Crown Prosecution Service (CPS) accepted that DNA obtained long ago from The Victim 's clothing - But never fully and repeatedly tested for Matches - pointed to another man.

Mr Malkinson had twice applied for his case to be referred for appeal by the CCRC But was turned down.

The CCRC announced on Thursday an experienced barrister would lead a review into its role in the case.

This will Focus On the CCRC's decisions and action relating to his two applications to The Body .

It said it would be as open as possible with the findings of the review and lessons to be learned.

A spokesman said: " A review into the decisions taken in Mr Malkinson's case couldn't be started until we had The Judgment from The Court of Appeal, But we have long recognised that it would be important to have One . .

" This is a complex case in which many elements have informed the decisions taken.

" 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. "

It Follows CCRC chairman Helen Pitcher meeting Justice Secretary Alex Chalk KC on Wednesday to discuss the case.

Responding to The Announcement of the review, Mr Malkinson said in addition to standalone investigations by bodies involved in his case, there needed to be a public inquiry into The Role of all state agencies.

" This inquiry needs The Power to compel disclosure, so that I can finally understand what went so wrong, " He Said in a statement.

" I call on Alex Chalk to establish a public inquiry into The Criminal Cases Review Commission, Greater Manchester Police and The Crown Prosecution Service, and their respective roles in my wrongful conviction as well as why it took so many years to overturn it. "

Appeal, his legal team, said it was pleased Mr Malkinson's request for an independent review had been granted by the CCRC, and called for a meeting with the leader of the probe.

The case has also attracted calls for a public inquiry into how it was handled from former solicitor general Lord Edward Garnier KC and former Justice Secretary Sir Robert Buckland .

Mr Malkinson went to prison protesting his innocence. At his trial there had been no DNA or other forensic evidence to link him to The Victim , or The Scene of The Attack in Salford, Greater Manchester .

Documents now disclosed to Mr Malkinson show that, in December 2009, scientists told CPS lawyers and Greater Manchester Police detectives they were sure they had identified DNA from an unknown man's saliva.

Mr Malkinson's team argue the DNA evidence would have been More Than enough to quash his conviction, even if The Real suspect could not be identified.

He was released from prison in 2020.

After his release, advances in scientific techniques allowed Mr Malkinson's legal team to provide new DNA analysis casting doubt on The Conviction to CCRC, which then commissioned its own testing.

It was a then a new suspect was identified in 2022, whose DNA had been on The National database since 2012.

The CCRC looks into criminal cases where people believe they have been wrongly convicted or wrongly sentenced.

These cases are for people who have already lost their appeal. If The Body finds something wrong with The Conviction or sentence, it will send the case back to The Court of Appeal.

Source of news: bbc.com