By Tony O’Reilly-
The UK government has appointed Her Honour Judge Sarah Munro KC to serve as the chair for the Andrew Malkinson Inquiry, tasked with investigating a significant miscarriage of justice.
Andrew Malkinson spent 17 years in prison for a crime he did not commit, enduring an additional three years of probation supervision before his conviction was overturned by the Court of Appeal in July.
The inquiry will delve into the actions of Greater Manchester Police (GMP), the Crown Prosecution Service (CPS), and the Criminal Cases Review Commission (CCRC) in relation to Mr. Malkinson’s conviction and subsequent appeal.
All three agencies have pledged their full cooperation with the inquiry.
Mr. Malkinson, the victim of a grave miscarriage of justice, met with the newly appointed Chair and the Lord Chancellor to discuss the terms of reference and the inquiry’s operating procedures.
Lord Chancellor and Secretary of State for Justice, Alex Chalk, expressed his determination to ensure that Mr. Malkinson and the original victim receive the answers they deserve. He acknowledged that Judge Munro, a senior and highly respected judge, would leave no stone unturned in uncovering the truth.
Her Honor Judge Sarah Munro KC, the appointed chair, stated, “I am honored 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 and have had a devastating impact on his life.”
The inquiry will focus on the police investigation, the criminal trial, Mr. Malkinson’s appeals, and any other matters deemed relevant to uncovering the truth behind this serious miscarriage of justice.
The terms of reference of the inquiry ensure that it will not prejudice the ongoing criminal investigation into the original offenses for which Mr. Malkinson was convicted. It also safeguards the Independent Office for Police Conduct’s (IOPC) investigation into matters concerning Andrew Malkinson’s case.
The Inquiry will specifically determine the course of events from the date of the offense to Mr. Malkinson’s exoneration by the Court of Appeal. It will scrutinize the decisions made and actions taken by individuals within the main agencies involved, including GMP, CPS, and CCRC, as well as the procedures within these agencies, including decision approvals.
The scope of the work will encompass the investigation, discovery, handling, and disclosure of evidence related to the attack that took place on July 19, 2003, both the evidence that led to Mr. Malkinson’s wrongful conviction on February 10, 2004, and the evidence that eventually exonerated him.
The inquiry will identify lessons to be learned, including lessons related to processes and procedures within the criminal justice system. The report on the inquiry, along with any recommendations, will be submitted to the Lord Chancellor and subsequently published.
Although calls were made for the inquiry to be put on a statutory footing, the government has decided that a non-statutory inquiry offers greater flexibility to the chair and will likely conclude more swiftly than a statutory inquiry, thus providing answers to Mr. Malkinson and the original victim as quickly as possible.
The Lord Chancellor expects full cooperation and transparency from all agencies involved and will closely monitor the inquiry’s progress to ensure that this occurs. The terms of reference require the Chair to report directly to the Lord Chancellor in case of concerns about cooperation with the inquiry.
Judge Munro KC, with her extensive legal and judicial career specializing in criminal cases, including homicides, serious fraud, and sexual offenses, is poised to conduct a fearless and robust inquiry.