Andy Malkinson: DNA Warnings Issued Years Before Overturned Rape Case

The Criminal Cases Review Commission (CCRC) was alerted in 2013 that it might be overlooking crucial DNA evidence in rape cases. Despite this, Andy Malkinson's wrongful rape conviction wasn't overturned until a decade later, implying he might have been cleared sooner.

In England and Wales, the CCRC examines cases for judicial review to identify possible miscarriages of justice. After two independent inquiries conclude, the CCRC's chair, Helen Pitcher, whom Malkinson has called to be dismissed and to lose her OBE, has agreed to meet with him.

Malkinson was wrongfully imprisoned for life in 2004 for a rape in Greater Manchester, based on discredited eyewitness testimony. His conviction was overturned in July due to new DNA evidence, leading to an investigation into the case's handling by the police, prosecution, and the CCRC.

The CCRC's management is also scrutinized in cases similar to that of Victor Nealon, where both men spent 17 years in jail for crimes they didn't commit, and in Nealon's case, his conviction was overturned due to new DNA linking another person to the crime.

This new information shows that the CCRC overlooked advancements in DNA analysis which could have led to earlier exoneration.

Mark Newby, Nealon's solicitor, expressed skepticism about the CCRC actually learning from past mistakes, while James Burley from legal charity Appeal suggests the commission failed to learn from Nealon's case, which affected Malkinson.

The CCRC is currently reviewing its decisions in Malkinson's case, with results pending publication. There will also be a more extensive, judge-led inquiry into the matter, but this will take longer.

The CCRC and its chairman have acknowledged the significant impact of Malkinson's unjust conviction and expressed commitment to maintaining the integrity of the ongoing inquiry process.