Top legal expert calls for public inquiry into Andrew Malkinson case as shocking new details come to light

A former solicitor general has called for a full public inquiry into the miscarriage of justice case of Andrew Malkinson, who spent 17 years in prison for a rape he didn't commit.

Lord Edward Garnier KC spoke out after further shocking revelations in the case came to light.

Mr Malkinson, 57, was found guilty of raping a woman by the M61 motorway in Little Hulton, Salford, in July 2003 and was jailed for life the following year, with a minimum term of seven years. He served 10 more years, however, because he maintained his innocence.

His conviction was quashed by senior judges at the Court of Appeal in July after DNA evidence linking another man to the crime came to light.

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But today it was reported case files obtained by Mr Malkinson as he battled to be freed show police officers and prosecutors knew forensic testing in 2007 had identified a searchable male DNA profile on the rape victim's vest top that did not match his.

They opted to take no further action and there is no record that they told the Criminal Cases Review Commission (CCRC), the body responsible for investigating possible miscarriages of justice, according to the report.

The CPS said Mr Malkinson's lawyers were told of the new DNA evidence. According to the Guardian, the CCRC refused to order further forensic testing or refer the case for appeal - and the case files reportedly suggest it was worried about costs.

Asked what conclusions he has drawn from the case, Lord Garnier told BBC Radio 4's Today programme: "Jaw dropping shock. I think the more one learns about this case…the more one is shocked about how Mr Malkinson was let down by the justice system.

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