Criminal Cases Review Commission under fire as Government seeks to remove boss

The Criminal Cases Review Commission (CCRC) has travel nether occurrence for not publically acknowledging the Government’s bid to region its brag implicit the litany of failings successful the Andrew Malkinson case.

A reappraisal published successful July recovered wrongly jailed Mr Malkinson was failed by the assemblage and could person been exonerated astir a decennary earlier, prompting Justice Secretary Shabana Mahmood to accidental its chairwoman Helen Pitcher was “unfit to fulfil her duties” and question her “removal” from post.

Mr Malkinson, who spent 17 years down bars for a rape helium did not commit, called for a implicit overhaul of the CCRC successful the aftermath of the findings arsenic helium said the assemblage “obstructed my combat for justice”.

How tin an organisation statesman to code these precise superior concerns if it is alternatively focused connected 'business arsenic usual'?

Appeal

He besides repeated demands for Ms Pitcher to beryllium fired and stripped of her OBE arsenic the study laid bare however the CCRC failed to enactment connected respective chances to close the miscarriage of justice.

Police past twelvemonth arrested a caller fishy connected suspicion of the rape aft the find of the caller DNA evidence.

Opening the CCRC’s “fifth yearly unfastened committee meeting” connected Tuesday – the body’s archetypal nationalist committee gathering since the summer’s revelations – Ms Pitcher said “clearly we person had a engaged year, a batch has been happening”.

But nary notation was made of the Justice Secretary’s bid to disregard her oregon her resisting calls to resign during the hour-long session.

While notation was made to the enactment being carried retired successful airy of the drawstring of recommendations for betterment Chris Henley KC acceptable retired successful his reappraisal – including checking thousands of convictions successful the CCRC’s caseload – the item of Mr Malkinson’s lawsuit did not look to beryllium straight discussed astatine the meeting.

Matt Foot, co-director of ineligible foundation Appeal – which supports Mr Malkinson, told the PA quality agency: “We were disappointed that astatine their yearly unfastened committee meeting, the CCRC failed to notation that the Justice Secretary has demanded the resignation of the chairwoman, Helen Pitcher, disconnected the backmost of their appalling failings successful that case.

“How tin an organisation statesman to code these precise superior concerns if it is alternatively focused connected ‘business arsenic usual’, KPIs (key show indicators) and firm plans?”

The CCRC said its committee meets six times a twelvemonth and Mr Malkinson’s lawsuit had been discussed astatine erstwhile meetings, but besides confirmed committee meetings were lone unfastened to the nationalist erstwhile a year. It declined to accidental wherefore the chairwoman’s presumption being called into question was not mentioned during the latest nationalist meeting.

A spokeswoman for the assemblage said: “The gathering yesterday covered a assortment of topics. A study by Chris Henley KC into this case, and its recommendations, was referenced respective times successful yesterday’s discussions.”

Ms Pitcher offered Mr Malkinson an “unreserved apology” successful April, astir a twelvemonth aft his 2003 condemnation was quashed by the Court of Appeal successful airy of caller DNA evidence. It aboriginal emerged her connection came lone aft Mr Henley’s reappraisal said she should apologise.

The CCRC, which antecedently vowed to “learn from the mistakes that were made”, describes her arsenic an “experienced” chairwoman who besides heads up the Judicial Appointments Commission arsenic good arsenic holding a fig of “high profile” roles.

The statutory nationalist body, which operates independently from Government, has not confirmed if immoderate CCRC unit faced disciplinary proceedings successful airy of the failings.

Ms Pitcher is not straight appointed by the Ministry of Justice (MoJ) which means the Justice Secretary does not person the powerfulness to extremity Ms Pitcher’s contract.

Instead an autarkic process has to instrumentality place, with a sheet proceeding representations from some Ms Mahmood and the CCRC to find whether she should measurement down from the relation oregon stay successful post.

Appointments to the CCRC are made by the monarch connected proposal of the premier minister. As a alleged Crown appointee, Ms Pitcher was primitively hired arsenic CCRC chairwoman successful 2018 for 3 years by the precocious Queen erstwhile Theresa May was premier minister. She was past reappointed successful 2021, nether Boris Johnson’s administration, for a five-year word which is owed to extremity successful 2026.

A MoJ spokeswoman said: “There is an ongoing ceremonial process to see Helen Pitcher’s presumption arsenic chairwoman and it is close this takes spot without rolling commentary.”

A abstracted enquiry ordered by the erstwhile authorities into Mr Malkinson’s lawsuit is ongoing.