Four retired Greater Manchester Police officers under investigation after innocent man Andrew Malkinson wrongly spent 17 years in jail

Four retired GMP officers are under investigation after a man spent 17 years in jail when wrongly committed of a Salford rape. A polcie watchdog has also revealed the allegations against the force it is scrutinising after "one of the worst missacarriages of justice in British history"

One of the officers has been told that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

As reported in the Manchester Evening News in July Andrew Malkinson was "failed" by a miscarriage of justice review body and could have been cleared ten years earlier, a damning report found.

A 105-page report by Chris Henley KC, found that the Criminal Cases Review Commission (CCRC) could have spared Mr Malkinson a decade of wrongful imprisonment if it had not “missed” the opportunity to send his case back to the Court of Appeal in 2009, when DNA evidence made clear “he might be innocent”.

Having already spent six months on remand, Mr Malkinson was convicted by a majority of 10 to 2 on February 10th, 2004 at Manchester Crown Court. He was not released until 2020 because he refused to say he was guilty. In July 2023, his conviction was quashed by the Court of Appeal.

The victim in the case was a 33-year-old woman who was stalked for half a mile then snatched and dragged down a motorway embankment off Cleggs Lane in Little Hulton and brutally raped in the early hours of July 19th 2003.

Today the Independent Office for Police Conduct (IOPC) said its investigation into complaints made by Mr Malkinson, was making "good progress".

In a statenent the IOPC said: "We are looking at several allegations relating to the Greater Manchester Police (GMP) investigation that led to Mr Malkinson spending 17 years in prison for a crime he did not commit. Areas of focus for our inquiries include:

• Whether officers followed the appropriate processes during the identification of Mr Malkinson as a suspect
• Whether witnesses were offered any incentive to provide evidence
• The alleged failure to disclose information that may have helped Mr Malkinson’s defence at trial
• The handling and disposal of items of evidence."

IOPC Regional Director Catherine Bates said: “Mr Malkinson is a victim of one of the worst miscarriages of justice in British history. We continue to work hard to ensure his complaints are thoroughly and independently investigated.

“Following a detailed review of evidence spanning a period of more than 20 years, we have now informed four retired GMP officers that they are under investigation for potential gross misconduct.

“One of the officers has also been notified that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

“Our investigation team continues to work hard to conclude our investigation as soon as reasonably possible, while ensuring our inquiries do not prejudice separate criminal matters linked to the crime Mr Malkinson was wrongly convicted of. We will continue to keep Mr Malkinson and GMP updated on our progress.”

The IOPC added: "Serving an officer with notice they are under investigation does not necessarily mean that disciplinary proceedings or criminal charges will follow. At the end of the investigation, we will determine whether there is an indication that anyone serving with the police may have breached the standards of professional behaviour or if the case should be referred to the Crown Prosecution Service."

Today Greater Manchester Police declined to comment.