By Tony O’Reilly-
The independent inquiry announced by The Justice Secretary last week into the miscarriage of justice that saw a man serve 16 years for a rape he did not commit, is deemed insufficient by a team of professionals on The Eye Of Media’s thinktank.
A consensus across different fields is that someone must be squarely held accountable for the frightening injustice that saw a man’s life wasted in prison.
AD: Capeesh Restaurant
Mr. Malkinson was was in jail for 17 years following conviction for a rape he did not commit.
He was caught up in the case after the victim and a passer by erroneously identified him in an ID parade. serves as a clarion call for a comprehensive reevaluation of the criminal justice system’s mechanisms, checks, and balances.
In announcing the inquiry, the Ministry of Justice said a chair will be appointed and a terms of reference published in due course. The scope will take account of any other potential future investigations to avoid duplication and ensure that conclusions can be drawn as swiftly as possible.
AD: Oysterian Sea Food Restaurant And Bar
The inquiry is poised to ensure Mr Malkinson’s views and experiences are heard throughout the process and this will be reflected in the terms of reference.
However, social worker, Andrew Marshall, sitting on The Eye Of Media’s thinktank, said it is important someone is held to account for this awful failure. He said: ” it is not good enough to just announce an inquiry if no accountability will emerge from it.
”Unless it is shown that the decision to keep this man in prison for this long was a genuine error that nobody can be shown to have been either reckless, selfish, incompetent, or ill motivated, someone or some organization must be held accountable for it.
”It should be unforgivable that a man can spend nearly two decades of his life in prison, after DNA evidence could have rendered his conviction unsafe.
”The systemic failures that led to Malkinson’s wrongful conviction are a stark reminder that the pursuit of justice requires vigilance, integrity, and a resolute commitment to truth.
Many critics believe the unfolding inquiry should hold responsible parties accountable for this heavy miscarriage of justice, in addition to serving as a catalyst for broader reforms.
Legal analyst, Fabian Nworah, of Rockstone Solicitors, also told The Eye Of Media: ”It should be a driving force for a more rigorous scrutiny of evidence, a more cautious approach to identification, and an unwavering commitment to the principle that the innocent must never suffer the consequences of another’s actions.
‘This inquiry is a testament to the resilience of Mr. Malkinson and the unwavering pursuit of truth by those who fought tirelessly for his exoneration. The legal system, while flawed, has the power to rectify its mistakes and emerge stronger, more equitable, and more just.
‘The revelation of a wrongful conviction is a searing reminder that justice is not an abstract concept, but a solemn responsibility that must be upheld with unwavering dedication.
‘This process should be marked by transparency, thoroughness, and an unyielding commitment to uncovering the truth. The findings of the inquiry will not only provide answers to Mr. Malkinson but will stand as a testament to the importance of accountability in a society that values justice above all.
”The British public deserves to know that this kind of injustice cannot happen to them or their loved ones in future, and understand exactly how the system got it wrong and who should be held responsible, if anyone. Without proper measures of accountability in place, which will sometimes require punitive measures, there will be no credible form of deterrence in the system”.
In the quest for justice, accountability is paramount, and the inquiry is an essential step toward rectifying past wrongs and paving the way for a more just and equitable future. As Mr. Malkinson’s story moves from darkness into the light, many hope it will serve as a clarion call for a criminal justice system that reflects the values of truth, integrity, and justice for all.
The Ministry of Justice said a chair will be appointed and a terms of reference published in due course. The scope will take account of any other potential future investigations to avoid duplication and ensure that conclusions can be drawn as swiftly as possible.
The inquiry will ensure Mr Malkinson’s views and experiences are heard throughout the process and this will be reflected in the terms of reference.
The inquiry will investigate the role of Greater Manchester Police (GMP), the Crown Prosecution Service (CPS) and the Criminal Cases Review Commission (CCRC) in his conviction and subsequent appeals.
Mr Malkinson, 57, was convicted in 2004 of a rape in Greater Manchester despite there being no DNA evidence.
Having spent almost two decades pleading his innocence, his conviction for rape was quashed by the Court of Appeal last month after fresh DNA testing linked another man to the crime.
GMP Chief Constable Stephen Watson said the “appalling miscarriage of justice merits the most detailed scrutiny”.
The Independent Office for Police Conduct is currently reviewing matters raised in relation to GMP’s handling of the case.
Lord Chancellor and Secretary of State for Justice Alex Chalk, and Attorney General Victoria Prentis, said the inquiry will cover actions of police, prosecutors and appeals review body to ensure lessons are learnt from the “significant miscarriage of justice” Mr Malkinson has suffered.
It will be led by a senior legal figure and GMP, the CCRC and the CPS have all pledged their full cooperation.
Mr Watson said: “I am very sorry that Mr Malkinson has suffered so grievously over these past many years.
“I acknowledge and regret the very difficult and prolonged journey that Mr Malkinson has had to undertake to prove his innocence.
“This appalling miscarriage of justice merits the most detailed scrutiny.
“I therefore welcome the opportunity that this independent inquiry represents to examine all of the relevant facts in forensic detail.
“GMP’s participation in this process will be fulsome and reflective of integrity, candour and humility.”
Mr Chalk said: “Andrew Malkinson suffered an atrocious miscarriage of justice and he deserves thorough and honest answers as to how and why it took so long to uncover.
“The core function of our justice system is to convict the guilty and ensure the innocent walk free. Yet a man spent 17 years in prison for a crime he did not commit while a rapist remained on the loose. “It is essential that lessons are learned in full.”
Helen Pitcher OBE, chair of the CCRC, said: “To understand what went wrong in this appalling miscarriage of justice, every organisation involved in handling the case has to fully embrace this whole-system review quite rightly commissioned by the Lord Chancellor.
“We must all contribute fully and engage promptly – and with a commitment to implement any recommendations it draws.”
She added: “This cross-organisational review will complement the additional review being led by Chris Henley KC specifically into the CCRC’s handling of Andrew Malkinson’s applications.
“We always learn lessons from investigations to help with our future work, and due to the nature of this case it’s right that such an exercise is carried out by an independent KC alongside this broader review.”
The Attorney General said an independent inquiry “cannot give Andrew Malkinson 17 years of freedom back”.
“[But] it can provide the accountability he is owed by the criminal justice system and give all of us the reassurance that we learn the lessons from a tragic miscarriage of justice,” said Ms Prentis.
“After careful consideration, and consultation with other bodies, a non-statutory inquiry was found to be the most appropriate option, building on the approach taken in other individual cases.
“It will work alongside the independent Law Commission review into how the wider appeals process – including the CCRC – is operating, to ensure it is working effectively.
Max Hill KC, Director of Public Prosecutions, said the CPS will “cooperate fully with the inquiry into the role of all parties in the Andrew Malkinson miscarriage of justice”.
“As well as supporting the inquiry, the CPS is fully committed to supporting the fresh investigation and bringing the right offender to justice,” he added.
AD: Heritage And Restaurant Lounge Bar