Andrew Malkinson: Police knew DNA wasn't his years before release — Transcript

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1. 0:00he's free but new details of the
2. 0:03Injustice Andrew malkinson suffered
3. 0:05continue to shock
4. 0:07three years after he was jailed for rape
5. 0:09police and prosecutors discovered he may
6. 0:12have been wrongfully convicted but did
7. 0:15nothing he spent another 13 years in
8. 0:18prison
9. 0:20documents show that DNA in saliva from
10. 0:23an unidentified male was found on the
11. 0:26victim's vest near a bite wound her
12. 0:28attacker inflicted a meeting was held
13. 0:31between police prosecutors and forensic
14. 0:33scientists a log of the meeting reveals
15. 0:36that a caseworker said if it is assumed
16. 0:39that the saliva came from the offender
17. 0:41then it does not derive from malkinson
18. 0:44this is surprising because the area of
19. 0:47the clothing that the saliva was
20. 0:49recovered from was crime specific
21. 0:52Mr malkinson could have had his
22. 0:54conviction referred to the appeal court
23. 0:56then by the criminal cases review
24. 0:59commission but it concluded just because
25. 1:02it appears that there is someone else's
26. 1:04DNA on the complainant's vest cannot
27. 1:06surely produce a hope of a successful
28. 1:09referral in view of all the other strong
29. 1:11identity evidence and the case was
30. 1:14really based on the ID evidence which
31. 1:16has been approved by the court of appeal
32. 1:18the CCRC could have commissioned DNA
33. 1:22testing much earlier but they failed to
34. 1:25do so and I don't think that this case
35. 1:28is the only one of its kind
36. 1:30Mr malkinson was identified by the
37. 1:32victim and two witnesses who claimed to
38. 1:35have seen him near the scene
39. 1:36a former director of public prosecutions
40. 1:39said the DNA evidence should have been
41. 1:42explored at the time if you have
42. 1:44evidence that is inconsistent with
43. 1:46identification evidence it's absolute
44. 1:48first rule that you investigate that
45. 1:51evidence carefully thoroughly rigorously
46. 1:55precisely because Witnesses are so often
47. 1:58bitter experiences shown so often
48. 2:01mistaken the disinterest of the criminal
49. 2:04cases review commission whose role is to
50. 2:07investigate miscarriages of Justice was
51. 2:09condemned by a former solicitor general
52. 2:12this case illustrates
53. 2:14a picture which is lamentable it
54. 2:18highlights that the CCRC needs to be
55. 2:20better LED better resourced
56. 2:22and needs to work harder the Andrew
57. 2:26malkinson Case illustrates what many
58. 2:29believe to be a fundamental truth that
59. 2:32nobody in the criminal justice system is
60. 2:35ever Keen to admit they got something
61. 2:37wrong
62. 2:39a man was arrested over the rape last
63. 2:41year and was later freed but remains
64. 2:44under investigation
65. 2:46Martin brunt Sky News at the ministry of
66. 2:49Justice