The Justice Secretary Shabana Mahmood is seeking Helen Pitcher’s removal as Chair of the Criminal Cases Review Commission and that she is “unfit to fulfil her duties”.
It follows a report out today by the organisation over its review of the Andrew Malkinson case
Malkinson who spent 17 years in prison for a rape that he did not commit in Greater Manchester could have been released after just five years according to the findings of the report
He had been sentenced on in March 2004 to life imprisonment with a minimum term of 7 years but spent 17 years in prison before he was released, plus a further three under probation supervision.
Throughout his ordeal he steadfastly maintained his innocence. It took 20 years, and two Court of Appeal hearings for his conviction to be overturned.
Mr Malkinson made three applications to the CCRC in 2009, 2018 and 2021 to use its statutory powers to refer his case back to the Court of Appeal. The first two applications were refused, the third application resulted in a referral back to the Court of Appeal in January 2023, and ultimately the successful appeal hearing in July that year
The review found that there had been serial failures to obtain the police file at the time of the first review in 2009, again in 2018, which would have produced different outcomes, and again in 2021.
Specifically, during the 2018 review by the CCRC, concerns were raised over the way identification evidence was obtained that breached Code D of PACE.
This should have resulted in the police file being obtained.
Meanwhile Opportunities to obtain fuller DNA results were missed in 2009. The significance of new DNA findings was not properly understood.
Andrew Malkinson said:
“I am very pleased that the Justice Secretary is seeking to sack Helen Pitcher, who proved herself utterly unfit to lead the CCRC.
“I hope this will be followed with a complete overhaul which transforms the CCRC into a body that delivers justice to wrongfully convicted people like me.
“Ms Pitcher’s discredited senior leadership team should also now go, and be replaced with people who are serious about fighting miscarriages of justice.”
