PASSAGE OF THE DAY: "In November last year, GMP (Greater Manchester Police) were reported to the Independent Office for Police Conduct over their handling of evidence. The IOPC ordered the force’s own professional standards board to conduct an investigation. But GMP has written to Malkinson’s lawyers to say it has suspended this inquiry as it “may prejudice” a review of “aspects of the original criminal investigation” by its serious crime branch, and the CCRC’s (Criminal Case Review Commission) work on the case. However, Malkinson’s lawyer Emily Bolton, who directs the law practice Appeal, wrote to the IOPC (Indepebdebt Office for Police Conduct) last week asking them to take the case back on. She said: “The chief constable’s decision to suspend this investigation is deeply troubling. By trying to kick this matter into the long grass, he is letting down both Andy and the community GMP is meant to serve."
-------------------------------------------------------------
STORY: "Police chief stops inquiry into rape case mishandling," by Social Affairs Correspondent Emily Dugan, published by The Times on October 3, 2021.
GIST: "The new chief constable of Greater Manchester Police has suspended the force’s misconduct investigation into its controversial handling of a potential miscarriage of justice.
GMP’s professional standards branch was examining its policing of a rape in Salford in 2003, which saw a man convicted without DNA evidence.
Serious problems with the handling of evidence, witnesses and disclosure have emerged in the case against Andrew Malkinson. He maintained his innocence and spent 17 years in prison, more than a decade longer than if he had admitted to the crime.
Chief Constable Stephen Watson started at GMP three months ago, vowing to rebuild trust in the force, which has just had its second severely critical inspection report within a year. But Malkinson’s legal team say this development suggests GMP is still avoiding scrutiny.
Andrew Malkinson refused to admit the crime
Malkinson, 55, was released last December and has yet to clear his name. New evidence, including DNA pointing to another unknown suspect and revelations about witnesses, mean the Criminal Cases Review Commission is considering referring it back to the Court of Appeal.
In November last year, GMP were reported to the Independent Office for Police Conduct over their handling of evidence. The IOPC ordered the force’s own professional standards board to conduct an investigation.
But GMP has written to Malkinson’s lawyers to say it has suspended this inquiry as it “may prejudice” a review of “aspects of the original criminal investigation” by its serious crime branch, and the CCRC’s work on the case.
However, Malkinson’s lawyer Emily Bolton, who directs the law practice Appeal, wrote to the IOPC last week asking them to take the case back on. She said: “The chief constable’s decision to suspend this investigation is deeply troubling. By trying to kick this matter into the long grass, he is letting down both Andy and the community GMP is meant to serve.
“We hope the IOPC will now step in and ensure a thorough and speedy investigation takes place into why GMP failed to disclose crucial evidence at Andy’s trial and why it failed to retain key exhibits.
“Unless GMP learns lessons from these serious failings, more miscarriages of justice will follow.”
A letter to Malkinson’s lawyers, signed anonymously by “the appropriate authority” in GMP’s police standards branch, says: “I have decided to suspend the investigation of the complaint because I believe if it were to continue, it may prejudice the GMP review and the ongoing application that you have recently lodged against your client Mr Malkinson’s conviction, with the Criminal Cases Review Commission.”
It adds that “the outcome of the complaint investigation is likely to be one of learning, as opposed to misconduct or gross misconduct. By contrast, Mr Malkinson’s convictions are for serious offences and therefore I consider that the review of aspects of the original criminal investigation ought to take primacy over the complaint investigation.”
A spokesman for the IOPC said it was not yet in a position to comment."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
