Andrew Malkinson: Wrongful conviction inquiry judge pledges 'fearless' review
- Published
Andrew Malkinson was cleared by senior judges at the Court of Appeal
A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be "fearless" in seeking the truth.
Judge Sarah Munro KC confirmed her inquiry would examine Greater Manchester Police's initial investigation after the 2003 attack.
Mr Malkinson has said previously the inquiry should have the power to compel witnesses if they refuse to cooperate.
The inquiry will look at why his conviction took so long to overturn.
Mr Malkinson was found guilty in 2004 of raping a woman in Greater Manchester.
In July, he walked free from the Court of Appeal after judges ruled there were serious flaws in his conviction.
He did not look anything like the victim's description of her attacker, there was no forensic evidence to tie him to the crime and two purported witnesses were, in fact, serial criminals with convictions for dishonesty.
Crucially, DNA implicating another suspect in the crime was recovered from the victim's clothing three years after Mr Malkinson was wrongly jailed.
Judge Munro previously acted as coroner at the inquests for the four victims of serial killer Stephen Port. The inquests' conclusion were highly critical of the Metropolitan Police and its failings to follow evidence.
She was also the first judge to appear on camera after a change in the law to allow the televising of sentencing remarks.
Judge Munro was the first judge to be televised during a sentencing
She said she was honoured to be heading the inquiry into Mr Malkinson's wrongful conviction, which she said had "cost him nearly two decades of freedom - time he has been forced to spend protesting his innocence and fighting for justice - and have had a devastating impact on his life".
In a statement, the judge continued: "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."
However, the judge does not have the powers of a full public inquiry chair, meaning she cannot compel witnesses to give evidence if they refuse to cooperate.
A full public inquiry typically takes far longer and Justice Secretary Alex Chalk has said there needs to be answers as soon as possible.
While Greater Manchester Police, the Crown Prosecution Service and Criminal Cases Review Commission have all previously said they will cooperate, it is not clear whether any potential witnesses who have left those organisations will agree to take part.
Mr Malkinson, who has met the judge, said he welcomed her appointment but added: "I have no confidence that those involved ... 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."