The Independent Office for Police Conduct (IOPC) has begun an investigation into the way Greater Manchester Police handled Andrew Malkinson’s case.
Mr Malkinson, who served 17 years in jail for a rape he did not commit, had his 2003 conviction quashed by the Court of Appeal in July, after new DNA evidence potentially linking another man to the crime was identified.
The complaints against Greater Manchester Police (GMP) relate to an allegation that the force failed to keep evidence and then failed to reveal information relating to two witnesses who gave evidence at the trial, the IOPC said.
IOPC director of operations Amanda Rowe said the watchdog would ensure there is “thorough scrutiny of the actions of police involved”.
The IOPC review highlighted “significant issues with GMP’s investigation into the complaints and identified several outstanding lines of inquiry”.
We have begun an independent #investigation into complaints linked to the @gmpolice investigation into Andrew Malkinson, whose conviction for rape was overturned in July.
This followed our review of GMP's handling of the complaints.
▶️https://t.co/gCtcZlvMvk pic.twitter.com/jrcj7GIUvT
— Independent Office for Police Conduct (IOPC) (@policeconduct) September 13, 2023
The watchdog first received a referral from GMP in November 2020 about the loss of clothing that had been stored as evidence in the case.
A further referral was made in February 2022 following a complaint that GMP had failed to disclose the criminal histories of two key prosecution witnesses at Mr Malkinson’s trial.
Now, the IOPC has ruled the complaints “were not dealt with in a reasonable and proportionate matter” by GMP, and will carry out further investigation itself.
IOPC director of operations Amanda Rowe said: “My thoughts are with Mr Malkinson, who has suffered greatly as a result of one of the worst miscarriages of justice in British legal history.
“Given our concerns over GMP’s handling of the complaints – and the significant public interest in a case that led to a man spending 17 years in jail for a crime he didn’t commit – our involvement will ensure there is thorough scrutiny of the actions of police involved.
“Our investigation, which will be carried out independently of the police, will focus on the specific allegations raised in Mr Malkinson’s complaints. We are not reviewing the original criminal investigation, nor do we have the power to do so.
“We are in contact with the Government about its broader inquiry into the wrongful conviction. We will continue to work with the chair and inquiry team so that our work and theirs is aligned to ensure that the actions of GMP are fully examined.”
Last month, the Justice Secretary Alex Chalk ordered an independent public inquiry into the circumstances and handling of Andrew Malkinson’s case.
Case files obtained by 57-year-old Mr Malkinson as he battled to be freed show that police and prosecutors knew forensic testing in 2007 had identified a searchable male DNA profile on the rape victim’s vest top that did not match his own.
No match was found on the police database at the time and no further action was taken.
Mr Malkinson wrote to the Criminal Cases Review Commission (CCRC) in 2009 for a review of his case, but at the conclusion of its review in 2012, the commission refused to order further forensic testing or refer the case for appeal.
CCRC documents relating to the case between 2009 and 2012 suggest there were concerns about costs.
GMP has been contacted for comment.
