Chair of miscarriages of justice review body quits

The embattled and heavily criticised chair of the miscarriages of justice review body the Criminal Cases Review Commission has resigned.

Helen Pitcher had been criticised for the agency’s failings in relation to the Andy Malkinson affair, which saw Mr Malkinson spend 17 years in jail for a rape he did not commit.

Ms Pitcher told the Times in an interview that she had been made a scapegoat.

Mr Malkinson called Ms Pitcher’s statement “shameless”, adding: “I know what it truly is like to be a scapegoat.”

The BBC understands Mrs Pitcher spoke to the newspaper before telling ministers or senior members of the commission that she was resigning.

A government source said Ms Pitcher had “jumped as she was pushed”, as the prime minister had received an independent recommendation to advise the King to remove her from office.

Last summer, Justice Secretary Shabana Mahmood began the formal process of sending a recommendation to the King that Ms Pitcher should go, after personally concluding that she was not fit to head the CCRC.

That decision came after a damning independent report into how the CCRC had mishandled Mr Malkinson’s pleas for help, and how the chair herself had presented its work on his case.

While he was in jail, the CCRC twice rejected Mr Malkinson’s submissions that he was innocent.

He was only cleared after exhaustive work by his own legal team tracked down long-available DNA evidence that showed another man must have carried out the rape in 2003.

The first of two independent reviews into the case found that the CCRC had failed to complete basic work that could have cast doubt on Mr Malkinson’s conviction – and that Mrs Pitcher’s statements as chair had not properly reflected these failings.

A second, judge-led, inquiry into wider allegations of failings, including by Greater Manchester Police which first accused Mr Malkinson of the crime, is continuing.

Despite the criticisms of Ms Pitcher, ministers had no power to sack her directly because the CCRC is an independent criminal justice body.

The chair is appointed by the King to ensure the agency’s separation from ministers, prosecutors and judges.

That meant the Ministry of Justice had to exceptionally set up an independent panel to assess whether Ms Pitcher was fit to remain in office.

The panel of three, including a member chosen to represent Ms Pitcher, concluded in recent days that Mahmood had been right to conclude the chair should go.

That recommendation was then sent to the prime minister to advise the King accordingly.

Had Ms Pitcher not quit, it is thought she would have been the first public servant in modern times to be sacked by the monarch under such a process.

In her resignation letter, Mr Pitcher said she had been made a scapegoat by Alex Chalk KC, the Conservatives’ last justice secretary.

Mr Chalk, who the BBC has contacted, did not start the process to remove Ms Pitcher but had launched a judge-led inquiry into the Malkinson case.

“The trigger for convening the panel was based on understandable media outrage over the appalling treatment of Andrew Malkinson,” Ms Pitcher said in her letter.

“Serious questions remain for Greater Manchester Police and the Crown Prosecution Service.

“I note that the DPP [the director of public prosecutions, who heads the CPS] and the chief constable of the GMP have not been the subject of comparable criticism.

“It feels unfair that I, who supported sending Mr Malkinson’s case back to judges, have been singled out.”

But Mr Malkinson told the BBC: “Helen Pitcher’s attempt to portray herself as the victim here is shameless.

“I know what it truly is like to be a scapegoat.

“I agree, however, that others need to be held accountable.

“The CCRC’s senior leadership, starting with the CEO, must also resign to pave the way for root-and-branch reform.

“I am astonished that the outgoing chair claims that the CCRC was able to ‘resolve the situation,’ and set me free.

“That work was done by my team at [legal charity] Appeal, not the CCRC, who were considering rejecting my case for a third time.

“Going forward, it is crucial that the CCRC is led by people with the guts to challenge miscarriages of justice, even if that means taking on forces like the police and judiciary.”

A Ministry of Justice spokesperson said: “The Lord Chancellor established an independent panel to consider Helen Pitcher’s role as chair of the CCRC. We welcome her resignation.

“Given the importance of the CCRC’s work, we will appoint an interim chair as quickly as possible who will be tasked with conducting a full and thorough review of how the organisation operates.”