Officers involved in wrongful rape conviction of Andrew Malkinson under investigation

Four retired police officers involved in the conviction of a man jailed for 17 years for a rape he did not commit are now under investigation, a watchdog has announced.

One of the former officers has also been notified that they are under criminal investigation for potential misconduct in a public office and perverting the course of justice, the Independent Office for Police Conduct (IOPC) said.

Andrew Malkinson, 58, was jailed for rape in 2004.

He was given a life sentence with a minimum term of seven years after he was found guilty of a 2003 attack on a woman in Greater Manchester – but he stayed in jail for another decade because he maintained his innocence.

He applied for his case to be referred for appeal by the Criminal Cases Review Commission (CCRC) on two occasions, but was turned down.

He was released from prison in December 2020.

Mr Malkinson’s conviction was quashed by the Court of Appeal last year after DNA linking another man to the crime was produced.

The IOPC is now investigating complaints by Mr Malkinson about Greater Manchester Police (GMP) and its rape investigation leading to his conviction.

The IOPC has said the four areas it is focusing on are whether police followed the appropriate processes during the identification of Mr Malkinson as a suspect, if witnesses were offered any incentive to provide evidence, the handling and disposal of items of evidence, and the alleged failure to disclose information that might have helped Mr Malkinson’s defence at his trial.

Catherine Bates, IOPC regional director, said: “Mr Malkinson is a victim of one of the worst miscarriages of justice in British history.

“We continue to work hard to ensure his complaints are thoroughly and independently investigated.”

The watchdog said that serving an officer with notice they are under investigation does not necessarily mean that disciplinary proceedings or criminal charges will follow.

At the end of the investigation, the IOPC will determine if there is an indication that any serving police officers may have breached the standards of professional behaviour or it the case should be referred to the Crown Prosecution Service (CPS).

A previous review found delays and failings in Mr Malkinson’s case, spanning years, demonstrated a “deepseated, system-wide, cultural reluctance, which starts right at the top in the Court of Appeal, to acknowledge our criminal justice system will on occasion make mistakes, that entirely innocent defendants will sometimes be convicted”.

The Criminal Cases Review Commission (CCRC) admitted failing Mr Malkinson and offered an “unreserved apology.”

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