The chair of the body that assesses miscarriages of justices is “unfit to fulfil her duties” following failings in the Andrew Malkinson case, the justice secretary has said.
Shabana Mahmood said she was seeking to remove Helen Pitcher from her role as the chair of the Criminal Cases Review Commission (CCRC) after a review into Mr Malkinson’s case showed he had been “failed” by the organisation.
Mr Malkinson served 17 years in jail for a rape he did not commit.
He was jailed for seven years back in 2003 after he was found guilty of an attack on a woman in Greater Manchester, but stayed in jail for another decade because he maintained his innocence, only being released in 2020.
In 2023, his charges were quashed after new DNA evidence potentially linked another man to the crime.
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The review into the CCRC handling of Mr Malkinson’s case, led by Chris Henley KC, said there were a string of “serious” failings and missed chances as far back 2009 to right the wrongs of the conviction.
“The CCRC failed him,” said Mr Henley. “It required [the charity] Appeal to obtain the new DNA evidence that ultimately resulted in the further work that led to the referral by the CCRC. It would not have happened otherwise.
“The opportunity to have this case referred in 2009 was missed, and a further opportunity to look again at the DNA evidence when the second application was received in 2018 was not taken.”
Ms Mahmood said the report was “sobering to read”, adding: “My thoughts are with both Andrew Malkinson and the victim of this horrific crime.
“Having studied Chris Henley’s report closely, it is my firm view that Helen Pitcher is unfit to fulfil her duties as chair of the CCRC. I have therefore begun the process to seek her removal from that position.”
