Judge appointed to chair independent Malkinson inquiry

Mr Malkinson spent 17 years in prison for a rape he did not commit plus a further three under probation supervision before his conviction was overturned by the Court of Appeal in July.

The independent inquiry will look at the actions of Greater Manchester Police (GMP), the Crown Prosecution Service (CPS), and the Criminal Cases Review Commission (CCRC) in Mr Malkinson’s conviction and subsequent appeal to ensure lessons are learnt from the “significant miscarriage of justice he suffered”.

Announcing the appointment on Thursday (October 26), Lord Chancellor and Secretary of State for Justice Alex Chalk said: “Mr Malkinson suffered an atrocious miscarriage of justice and I am determined to ensure that he and the original victim get the answers they deserve.

“I know that Her Honour Judge Munro KC, a senior and highly respected judge, will leave no stone unturned in getting to the bottom of what went wrong, so that vital lessons are learned.”

GMP Chief Constable Stephen Watson said: “I welcome the appointment of Her Honour Judge Sarah Munro KC as the inquiry independent chair, and the commencement of proceedings into establishing what led to the grave miscarriage of justice experienced by Mr Malkinson.

“I reaffirm GMP’s commitment to this independent non-statutory inquiry, of which our participation will be timely, transparent, and fulsome, as is expected from us by the public.

“I would once again like to apologise to Mr Malkinson for the anguish he has suffered. I hope that the opportunity for the relevant facts to be re-examined independently, in detail, will help him achieve the resolution he deserves.

“The investigation into the original offence very much remains active and continues to progress.”

The Ministry of Justice (MoJ) said the inquiry will operate so as not to prejudice the ongoing criminal investigation into the original offences for which Mr Malkinson was convicted, and the investigation by the Independent Office for Police Conduct into matters concerning Andrew Malkinson’s case.

The Inquiry will establish the course of events from the date of the offence to Mr Malkinson’s exoneration by the Court of Appeal, and decisions made and actions taken by police, prosecutors and the appeals review body, as well as the procedures in place within those agencies, including approval of decisions.

The MoJ said the scope of this work will include the investigation, discovery, handling and disclosure of evidence related to the attack on July 19, 2003 – both that which led to Mr Malkinson’s wrongful conviction on February 10, 2004, and that which led to his eventual exoneration, alongside any other matters the chair considers relevant and important.

Her Honour Judge Munro KC said: “I am honoured to be appointed to chair the Andrew Malkinson Inquiry. Mr Malkinson’s wrongful convictions for horrific crimes he did not commit have cost him nearly two decades of freedom – time he has been forced to spend protesting his innocence and fighting for justice – and have had a devastating impact on his life.

“The inquiry will focus on the police investigation, criminal trial, Mr Malkinson’s appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place.

“Mr Malkinson deserves the truth, and I am determined that this inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.”

The MoJ said “after careful consideration”, the Government believes it is not necessary to put the inquiry on a statutory footing at this time. Non-statutory inquiries give greater flexibility to the chair and are generally concluded faster than statutory inquiries, providing Mr Malkinson and the original victim the answers they deserve as quickly as possible, it added.

The Lord Chancellor said he expects all agencies involved to be fully cooperative and transparent as they have pledged, and will closely monitor the progress of the inquiry to ensure this happens.

The terms of reference require the chair to report directly to the Lord Chancellor should she have any concerns about cooperation with the inquiry.

Her Honour Judge Munro KC has had an extensive legal and judicial career, specialising in criminal work, including homicide, serious fraud, and serious sexual offences.

She was appointed as a circuit judge in 2011 and a senior circuit judge at the Central Criminal Court in 2017. She has also served as a judicial member of the Sentencing Council.

The Lord Chancellor has asked for the chair to produce findings promptly.

Last year the Government asked the Law Commission to undertake an independent and wide-ranging review of the appeals system to ensure it is operating effectively.