Lord Edward Garnier KC says the case of Andrew Malkinson is 'astonishing' and 'gets more astonishing pretty well by the week'.
There should be an inquiry into the"total public mess" caused by a miscarriage of justice that led to an innocent man spending 17 years in prison for a rape he did not commit, a former solicitor general has said.
Case files obtained by the 57-year-old and seen by Sky News show that prosecutors knew in 2007 that forensic testing had identified a searchable male DNA profile on the rape victim's top that did not match his. A Crown Prosecution Service caseworker said:"If it is assumed that the saliva came from the offender, then it does not derive from Malkinson."This is surprising because the area of the clothing that the saliva was recovered from was crime specific."
But the CCRC concluded:"Just because it appears there is someone else's DNA on the complainant's vest ... cannot surely produce a hope of a successful referral in view of all the other strong ID evidence - and the case was really based on the ID evidence which has been approved by the Court of Appeal."
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