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[b]Jo wrote:[/b]
[quote]Can't believe that the head of the CCRC is also head of the body that appoints judges. Surely a major conflict of interests. Perhaps this helps explain why the CCRC seems to be so useless.

[url=https://www.bbc.com/news/articles/c250gnxd287o]Other prisoners could be freed by case review - Malkinson[/url]

[quote]Andrew Malkinson says he says he knows "at least half a dozen people" currently in prison who he believes could be exonerated if their cases were reviewed.

Speaking to the BBC, Mr Malkinson - who served 17 years in prison for a rape he did not commit - described the failures in the process for reviewing potential miscarriages of justice as a "human rights atrocity".

His comments come following the publication of an independent review that found he was completely failed by the Criminal Cases Review Commission (CCRC) - and mounting pressure on its head to quit. ...

The damning report into how Mr Malkinson's case was handled, which was published on Thursday, concluded he could have been freed five years after receiving a life sentence for a 2003 rape.

It revealed the CCRC's investigators and leaders failed to follow up evidence of innocence right up to 2022.

“It’s absolutely shocking what Chris Henley has uncovered," Mr Malkinson told BBC Radio 4's Today programme.

"It’s vast incompetence at the very least… and I don’t know what it’s like at worst", he said.

"It seems they [the CCRC] devote all their time and resources to finding ‘clever me’ arguments about why they shouldn’t refer, rather than looking at the police files and really investigating."

His comments come after [b]Justice Secretary Shabana Mahmood said she would seek the sacking of CCRC chair Helen Pitcher[/b], saying she was "unable to fulfil her duties".

The BBC understands that Ms Mahmood's Conservative predecessor, Alex Chalk, had reached a similar conclusion on the eve of the General Election, having read Mr Henley's findings.

[b]Ms Pitcher has told the Ministry of Justice she will not quit[/b]. Ministers cannot directly sack her, because the CCRC is an independent part of the legal system, so a panel needs to be convened to ensure the decision is independently taken.
[b]
On Friday, former Justice Secretary Lord Falconer called on Ms Pitcher to resign not just from that role but from her other position as the head of the the Judicial Appointments Commission (JAC) - the body that appoints all judges in England and Wales.

Mr Falconer said Ms Pitcher should never have been appointed to both roles at the same time, as the CCRC's work includes challenging judge's decisions.[/b] ...[/quote][/quote]

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Topic History of: Review says CCRC failed Malkinson + head of CCRC also head of body that appoints judges
Max. showing the last 5 posts - (Last post first)

Author	Message
hedda	Wyot wrote: Green Man wrote: If Andrew Malkinson was well off or well connected. It would not of happened. What I did read is that Malkinson was an addict and was known for petty crimes. He was probably seen as a hinderence and a pain up the ass to the local police. He probably was but I don't believe they deliberately set up a "pain in the arse" and let a rapist go free. Much more likely to be incompetence and confirmation bias in their thinking as they "investigated". Wealth does not make anyone immune either. I agree incompetence plays a part but there seems to be an ingraining hostility with the Establishment in wanting to really examine whether miscarriages of Justice have place.
Wyot	Green Man wrote: If Andrew Malkinson was well off or well connected. It would not of happened. What I did read is that Malkinson was an addict and was known for petty crimes. He was probably seen as a hinderence and a pain up the ass to the local police. He probably was but I don't believe they deliberately set up a "pain in the arse" and let a rapist go free. Much more likely to be incompetence and confirmation bias in their thinking as they "investigated". Wealth does not make anyone immune either.
Wyot	Jo wrote: Can't believe that the head of the CCRC is also head of the body that appoints judges. Surely a major conflict of interests. Perhaps this helps explain why the CCRC seems to be so useless I think this is irrelevant. The problem with the CCRC - and miscarriages of justice - does not sit with judges. They only preside over what is presented in a Court room. The problem lies with chronic underfunding of the CCRC (it is a gesture) and what gets presented to a jury in the first place, and why.
Green Man	If Andrew Malkinson was well off or well connected. It would not of happened. What I did read is that Malkinson was an addict and was known for petty crimes. He was probably seen as a hinderence and a pain up the ass to the local police. If Malkinson did the courses he inside he would admit to things he didn't do but he would of been released sooner.
Jo	Can't believe that the head of the CCRC is also head of the body that appoints judges. Surely a major conflict of interests. Perhaps this helps explain why the CCRC seems to be so useless. Other prisoners could be freed by case review - Malkinson Andrew Malkinson says he says he knows "at least half a dozen people" currently in prison who he believes could be exonerated if their cases were reviewed. Speaking to the BBC, Mr Malkinson - who served 17 years in prison for a rape he did not commit - described the failures in the process for reviewing potential miscarriages of justice as a "human rights atrocity". His comments come following the publication of an independent review that found he was completely failed by the Criminal Cases Review Commission (CCRC) - and mounting pressure on its head to quit. ... The damning report into how Mr Malkinson's case was handled, which was published on Thursday, concluded he could have been freed five years after receiving a life sentence for a 2003 rape. It revealed the CCRC's investigators and leaders failed to follow up evidence of innocence right up to 2022. “It’s absolutely shocking what Chris Henley has uncovered," Mr Malkinson told BBC Radio 4's Today programme. "It’s vast incompetence at the very least… and I don’t know what it’s like at worst", he said. "It seems they [the CCRC] devote all their time and resources to finding ‘clever me’ arguments about why they shouldn’t refer, rather than looking at the police files and really investigating." His comments come after Justice Secretary Shabana Mahmood said she would seek the sacking of CCRC chair Helen Pitcher, saying she was "unable to fulfil her duties". The BBC understands that Ms Mahmood's Conservative predecessor, Alex Chalk, had reached a similar conclusion on the eve of the General Election, having read Mr Henley's findings. Ms Pitcher has told the Ministry of Justice she will not quit. Ministers cannot directly sack her, because the CCRC is an independent part of the legal system, so a panel needs to be convened to ensure the decision is independently taken. On Friday, former Justice Secretary Lord Falconer called on Ms Pitcher to resign not just from that role but from her other position as the head of the the Judicial Appointments Commission (JAC) - the body that appoints all judges in England and Wales. Mr Falconer said Ms Pitcher should never have been appointed to both roles at the same time, as the CCRC's work includes challenging judge's decisions. ...