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Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape | Police
(www.theguardian.com)
this post was submitted on 16 Aug 2023
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This is the best summary I could come up with:
Emily Bolton, Malkinson’s lawyer at the charity Appeal, said: “The documents are a shocking chronicle of how Andy was utterly failed by the body, which should have put an end to his wrongful conviction nightmare, but instead acted as a barrier to justice.
By relying only on the CPS file, the CCRC missed the chance to identify disclosure failures so grave that senior judges have since ruled they would have rendered his conviction unsafe.
Refusing to refer his case for appeal in 2012 and explaining why it would not conduct further DNA testing, the CCRC told Malkinson the cost of forensic investigation was not its “overriding consideration”.
While science has advanced, basic testing that isolates the male chromosome, similar to that commissioned by Appeal in 2019, existed when the CCRC was first considering Malkinson’s case and was widely used from 2003.
Refusing to refer the case for appeal in 2012, the CCRC said there was “no realistic prospect” that further testing would yield a searchable profile “capable of being compared with the national DNA database”.
James Burley, Malkinson’s investigator at Appeal, said: “The CCRC’s internal comments show that in deciding not to commission any DNA testing, cost was at the forefront of their considerations.
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