Four ex-police officers under investigation after Andrew Malkinson wrongly jailed for rape he did not commit

By Kit Heren

@yung_chuvak

Four retired police officers are being investigated as the police watchdog probes the wrongful conviction for rape of Andrew Malkinson 20 years ago.

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Mr Malkinson spent 17 years in prison for what the Independent Office for Police Conduct (IOPC) "called one of the worst miscarriages of justice in British history."

The watchdog said on Friday that it is looking into four separate allegations against Greater Manchester Police, the force that investigated Mr Malkinson in 2004.

The IOPC said that they were looking at:

• Whether officers followed the appropriate processes during the identification of Mr Malkinson as a suspect
• Whether witnesses were offered any incentive to provide evidence
• The alleged failure to disclose information that may have helped Mr Malkinson’s defence at trial
• The handling and disposal of items of evidence.

As part of the investigation, four former officers with Greater Manchester Police are being investigated for potential gross misconduct.

Read more: Andrew Malkinson who spent 17 years in jail for rape he didn't commit now 'broke' and living in a tent

Read more: 'Too little, too late': Andrew Malkinson rejects Criminal Cases Review Commission's apology after being wrongly jailed

IOPC regional director Catherine Bates 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.

“Following a detailed review of evidence spanning a period of more than 20 years, we have now informed four retired GMP officers that they are under investigation for potential gross misconduct.

“One of the officers has also been notified that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

“Our investigation team continues to work hard to conclude our investigation as soon as reasonably possible, while ensuring our inquiries do not prejudice separate criminal matters linked to the crime Mr Malkinson was wrongly convicted of.

“We will continue to keep Mr Malkinson and GMP updated on our progress.”

The IOPC added 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 its investigation, it will determine whether there is an indication that anyone serving with the police may have breached the standards of professional behaviour or if the case should be referred to the Crown Prosecution Service (CPS).

Mr Malkinson had his conviction quashed by the Court of Appeal in July last year.

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

Mr Malkinson was eventually released from prison in December 2020.

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Thousands of convictions are now being reviewed in the wake of his case.

The CCRC has been told to look back over all cases which have the "possibility of DNA opportunities".

A 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 CCRC admitted failing Mr Malkinson and offered an "unreserved apology."