A recent independent report has brought to light serious concerns about the leadership of Helen Pitcher, the head of the body responsible for investigating miscarriages of justice.
The report’s findings are so severe that her position is now in jeopardy. This comes after a prolonged battle by Andrew Malkinson, who was wrongfully imprisoned for 17 years for a crime he did not commit.
The investigation revealed numerous errors and mishandlings by the Criminal Cases Review Commission (CCRC), the organization led by Pitcher.
The report, authored by barrister Chris Henley KC, has been described as “utterly damning.” It outlines a series of critical mistakes and oversights by the CCRC, dating back to 2009, when new DNA evidence surfaced suggesting Malkinson’s innocence.
Despite this, the CCRC failed to grant him a fresh appeal, and it wasn’t until 2023 that he was finally exonerated.
Henley specifically criticized Pitcher for not apologizing sooner and for presenting the CCRC’s actions as a success.
Justice Secretary Shabana Mahmood responded swiftly to the report, expressing her intention to remove Pitcher from her position. Mahmood stated, “Helen Pitcher is unfit to fulfill her duties as Chair of the CCRC.”
Malkinson himself has called for the CCRC to be completely restructured and for Pitcher to step down.
He emphasized that if she truly regrets the situation, she should resign to make way for someone dedicated to preventing such injustices.
A Broader Impact on Justice
The Henley report has broader implications beyond Malkinson’s case. It could influence other miscarriage of justice cases, including that of Clive Freeman, who may have spent 35 years in prison for a crime that never occurred.
Freeman’s case is now under review by the CCRC for the fifth time, amidst criticism of how it was handled.
The Need for Reform
Henley’s 105-page report highlighted the CCRC’s failure to act on crucial DNA evidence and criticized its reluctance to refer cases to the Court of Appeal.
He called for the CCRC to adopt a more proactive approach in identifying potential miscarriages of justice. Malkinson echoed this sentiment, asserting that the CCRC’s handling of his case was biased and calling for a complete overhaul of the organization.
A Call for Transparency
Malkinson also criticized the CCRC for delaying the release of the report and protecting the identities of those responsible for the mistakes.
He demanded greater transparency and accountability from the CCRC, which he believes prioritized shielding its staff over providing justice.
Moving Forward
As the situation develops, the future of the CCRC and its leadership remains uncertain.
The report’s findings have sparked a call for substantial changes in how miscarriages of justice are handled, with many advocating for a more transparent and mission-driven approach.
The justice system now faces a critical moment, with the potential to learn from these failures and improve its processes to prevent future injustices.
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