The head of the body responsible for investigating miscarriages of justice, Helen Pitcher, is facing intense scrutiny and mounting pressure to step down.
This follows a scathing independent report into the case of Andrew Malkinson, who endured 17 years in prison for a rape he did not commit.
The report, authored by top barrister Chris Henley KC, has been described as “utterly damning.” It exposes a series of serious errors and missed opportunities by the Criminal Cases Review Commission (CCRC) in handling Malkinson’s case.
According to Henley, Malkinson should have been granted a new appeal as early as 2009 when DNA evidence first suggested he might be innocent.
Instead, the CCRC only acted on his case in January 2023.
Justice Secretary Shabana Mahmood has reacted strongly to the findings, labeling Pitcher as ‘unfit’ to lead the CCRC. Mahmood has announced that she is taking steps to remove Pitcher from her position.
“It was sobering to read Chris Henley KC’s findings,” Mahmood said, expressing concern for both Malkinson and the victim of the crime.
She added, “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.”
Andrew Malkinson, now 58, has called for the complete overhaul of the CCRC. He criticized Pitcher for her lack of apology and the commission’s failure to address the case properly.
“If Helen Pitcher is truly sorry, she’ll step down and let someone serious about fighting miscarriages of justice take charge,” Malkinson stated.
James Burley from the miscarriage of justice charity APPEAL, which investigated Malkinson’s case, has also weighed in.
He described the report as a “catalogue of failures” and criticized the CCRC’s attempt to spin its handling of the case as a success.
The fallout from Henley’s report could have far-reaching effects on other cases of alleged miscarriages of justice.
Notably, it could impact the case of Clive Freeman, who has spent decades in prison for a crime he may not have committed.
The CCRC is currently reviewing Freeman’s case for the fifth time.
The Report’s Findings
Henley’s 105-page report details how the CCRC failed to recognize the importance of new DNA evidence in Malkinson’s case and how it neglected to address police failures in disclosing crucial evidence.
The report also highlights that in 2022, the CCRC was considering rejecting Malkinson’s case again, despite compelling new evidence.
Malkinson’s Continued Fight
Malkinson, who was finally released in December 2020, believes the CCRC’s failures cost him an extra decade in prison.
He has condemned the delay in publishing the report and the lack of transparency about the individuals responsible for the mishandling of his case.
“The CCRC’s delay in publishing this report and its decision to conceal the names of the personnel whose actions caused me so much suffering is shameful,” Malkinson said.
Moving Forward
In response to the report, Mr. Henley recommended significant changes to the CCRC’s processes.
He emphasized the need for the body to focus on identifying potential miscarriages of justice more effectively and ensuring that cases with compelling evidence are referred to the Court of Appeal promptly.
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