Senior criminal judge Sarah Munro KC has been appointed to chair the public inquiry into the wrongful conviction of Andrew Malkinson, who spent 17 years in prison for a rape he did not commit.
Announcing the chair and terms of reference today, however, the Ministry of Justice confirmed it will not put the inquiry on a statutory footing. A non-statutory probe will ‘give greater flexibility’ to the chair and is more likely to ensure the inquiry is concluded quickly, the MoJ said.
The investigation will encompass the conduct and role of Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission in Malkinson’s conviction and subsequent appeal. All agencies have pledged their full co-operation.
Her Honour Judge Munro KC was appointed a circuit judge in 2011 and a senior circuit judge at the Central Criminal Court in 2017. She has also served as a judicial member of the Sentencing Council. She said: ‘The inquiry will focus on the police investigation, criminal trial, Mr Malkinson’s appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place. Mr Malkinson deserves the truth, and I am determined that this Inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.’
Emily Bolton of APPEAL, Malkinson’s solicitor, said: ‘Both Andy and the victim in this case deserve full answers from the police. Whilst we know that Judge Munro and her team are committed to securing those answers, we are concerned that they will be hampered by the police, who we had to take to court twice for refusing to hand over evidence. The lord chancellor must not hesitate to give the inquiry statutory teeth if there is any sign of non-cooperation from the officers who were involved in Andy’s wrongful conviction.’
Malkinson himself has previously called for the inquiry to be made statutory to ensure Greater Manchester Police does not hide evidence. He said today: ‘I welcome the appointment of Judge Munro to chair this inquiry. My hope is she and her team will tenaciously pursue the truth, so that I can finally get full answers and accountability. However, I have no confidence that those involved, including the police officers who wrecked my life, will cough up the truth unless forced to do so. At the first sign of any recalcitrance from the police or anyone else, I hope this inquiry will be given the power to compel witnesses and disclosure.’
The CCRC, which has separately commissioned an additional review into the organisation’s handling of Malkinson’s applications, pledged to ‘fully support’ Munro’s investigation.
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