Sir Keir Starmer says questions on his CPS function throughout Andrew Malkinson case ought to be ‘directed elsewhere’

Sir Keir Starmer has stated questions on his function because the director of public prosecutions (DPP) throughout the wrongful conviction of Andrew Malkinson ought to be “directed elsewhere”.

The Labour chief stated Mr Malkinson – who spent 17 years in jail for a rape he didn’t commit earlier than having his conviction overturned – had been by means of a “real ordeal” and that there ought to be an inquiry to “get to the bottom of that”.

There have been questions relating to Sir Keir’s function as DPP and head of the Crown Prosecution Service (CPS) after it emerged that DNA proof which exonerated Mr Malkinson got here to gentle in 2007 and was recognized to all the important thing companies, together with the CPS, in 2009.

Sir Keir was DPP from 2008 to 2013.

While Labour has stated the case by no means crossed his desk and that Sir Keir had no private involvement in it, his function as the pinnacle of the CPS has come underneath scrutiny in gentle of earlier statements he has made.

The Labour chief advised Sky News in April that he took “full responsibility for every decision of the Crown Prosecution Service when I was director of public prosecutions”.

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Asked whether or not that meant he accepted a job “in the miscarriage of justice” relating to Mr Malkinson, Sir Keir replied: “I’ve seen the statement the Crown Prosecution Service have put out, and so far as I can see, they discharged their obligations by making sure the material in question was given to Mr Malkinson’s lawyers.

“That’s what they need to have accomplished. That’s what I perceive they did – so I feel the questions on this case are literally directed elsewhere.”

Mr Malkinson, 57, was discovered responsible of raping a lady in Greater Manchester in 2003 and the following yr was jailed for all times with a minimal time period of seven years.

He remained in jail for an additional decade as a result of he maintained his innocence.

Last month he had his conviction quashed by the Court of Appeal after DNA proof that linked one other man to the crime was produced by his defence staff.

Case information obtained by Mr Malkinson as he battled to be freed – and seen by Sky News – present officers and prosecutors knew forensic testing in 2007 had recognized a searchable male DNA profile on the rape sufferer’s clothes that didn’t match his.

Notes of a gathering between the Forensic Science Service, the CPS and Greater Manchester Police (GMP) in December 2009 – a yr into Sir Keir’s tenure – recommend the CPS understood the potential significance of the 2007 DNA discover.

CPS steering states it should write to the physique liable for investigating potential miscarriages of justice, the Criminal Cases Review Commission (CCRC), “at the earliest opportunity about any case in which there is doubt about the safety of the conviction”.

But the case information present each the police and the CPS selected to take no additional motion and there’s no report the CPS immediately knowledgeable the CCRC.

The CPS claims Mr Malkinson’s legal professionals have been knowledgeable immediately of the brand new DNA proof.

The CCRC refused to order additional forensic testing or refer the case for enchantment in 2012, with the case information citing fears about prices.

Mr Malkinson’s case was described as “astonishing” by former solicitor common Lord Edward Garnier KC, who stated there ought to be an inquiry into the “total public mess” that has unfolded following his exoneration.

Former justice secretary Robert Buckland additionally advised Sky News that “some comment from Sir Keir would be welcome”.

“I would have thought it would be good for Sir Keir as a former senior lawyer to say something about it and to say he will co-operate with any public inquiry,” he stated.

A CPS spokesperson stated: “It is clear Mr Malkinson was wrongly convicted of this crime and we share the deep regret that this happened.

“Evidence of a brand new DNA profile discovered on the sufferer’s clothes in 2007 was not ignored. It was disclosed to the defence staff representing Mr Malkinson for his or her consideration.

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“In addition, searches of the DNA databases were conducted to identify any other possible suspects. At that time there were no matches and therefore no further investigation could be carried out.”

In gentle of the revelations, the CCRC has said it will review Mr Malkinson’s case.

A spokesman stated the fee can be as “open as we can be within our statutory constraints” about “lessons to be learned”.

“We recognise that Mr Malkinson has had a very long journey to clear his name and it is plainly wrong that he spent 17 years in prison for a crime he did not commit.

“We have already been in contact with Greater Manchester Police and with the Crown Prosecution Service to supply our help in any of their inquiries.”

The legal professional common and the Home Office each declined to remark.