Lord Edward Garnier KC told BBC Radio 4 the his conclusion from the case was 'jaw dropping shock'
A former solicitor general has called for a full public inquiry into the miscarriage of justice case of Andrew Malkinson, who spent 17 years in prison for a rape he didn't commit.Mr Malkinson, 57, was found guilty of raping a woman by the M61 motorway in Little Hulton, Salford, in July 2003 and was jailed for life the following year, with a minimum term of seven years. He served 10 more years, however, because he maintained his innocence.
The CPS said Mr Malkinson's lawyers were told of the new DNA evidence. According to the Guardian, the CCRC refused to order further forensic testing or refer the case for appeal - and the case files reportedly suggest it was worried about costs. Responding to the suggestion that the CCRC acted as if they were not interested when presented with new evidence, Lord Garnier said: "The word bystander or spectator was going through my mind. What's the point of the CCRC if presented with questions which need answering and which they have the constitutional duty to investigate they do nothing?
He added: "When particularly terrible cases like the Andy Malkinson case come out it does rather undermine public confidence in the CCRC and I just think the whole thing needs a thorough shake up and I do hope that the chairman of the CCRC has got an answer for it." "People have got to have confidence in our justice system and that if something like this comes up and it’s flagged – and it seems that the evidence was there years ago to prove that this individual was innocent of the crime – then that should have been flagged because, of course, the real perpetrator of the crime as well would have been left to carry on and potentially commit more horrendous crimes.
Belgique Dernières Nouvelles, Belgique Actualités
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