THE IOPC (Independent Office for Police Conduct) has begun an investigation as a result of its review into the way Greater Manchester Police handled complaints from Andrew Malkinson’s legal team.
Malkinson, who served 17 years in prison for a rape he never committed, had his conviction overturned by the Court of Appeal in July this year.
The IOPC said: ‘We looked at Greater Manchester Police’s handling of a complaint containing an allegation regarding the failure to retain items of evidence, as well as the alleged failure to reveal information relating to two witnesses who gave evidence at Mr Malkinson’s trial.
‘Our casework team highlighted significant issues with GMP’s investigation into the complaints and identified several outstanding lines of inquiry. As a result, we have begun an independent investigation into the allegations.’
IOPC Director of Operations, Amanda Rowe said: ‘My thoughts are with Mr Malkinson, who has suffered greatly as a result of one of the worst miscarriages of justice in British legal history.
‘Our investigation, which will be carried out independently of the police, will focus on the specific allegations raised in Mr Malkinson’s complaints. We are not reviewing the original criminal investigation, nor do we have the power to do so.
‘We are in contact with the government about its broader inquiry into the wrongful conviction. We will continue to work with the chair and inquiry team so that our work and theirs is aligned to ensure that the actions of GMP are fully examined.’
Malkinson was arrested in 2003 and convicted of rape in 2004. He was released on licence in 2020 and his conviction was overturned by the Court of Appeal in July this year.
The IOPC added: ‘We received a referral from GMP in November 2020 following a complaint concerning the loss, and presumed destruction, of items of clothing that had been stored as evidence in the case.
‘We instructed GMP to carry out an investigation. At that time there was no conclusive evidence that the actions of police had harmed the administration of justice.
‘We received a further referral in February 2022 following a complaint that GMP had failed to disclose the criminal histories of two key prosecution witnesses at Mr Malkinson’s trial.
‘We instructed the force to include this as part of its ongoing investigation, which was at an advanced stage at that time, to avoid considerable further delays.
‘In March 2023, we received a request to review GMP’s handling of these complaints. Our casework staff found the allegations relating to the handling of evidence and disclosure of information about witnesses were not dealt with in a reasonable and proportionate matter.
‘We also upheld a second review, received in April 2023, challenging GMP’s decision not to investigate a further complaint regarding the disclosure of information about a witness. We determined further inquiries into the allegations were required and this will form part of our investigation.’
- A Merseyside Police officer has been dismissed without notice for using excessive force on a woman during an arrest in Liverpool following an investigation by the Independent Office for Police Conduct (IOPC).
The IOPC said: ‘We looked into an allegation that PC Robert Marshall used excessive force against the woman who was believed to be the victim of a domestic assault and determined he had a case to answer for gross misconduct.
‘An independently-chaired panel found the case against PC Marshall was proven for breaches of the police standards of professional behaviour regarding use of force, respect, and courtesy and conduct.
‘Following a referral from the force in August 2022, we independently investigated how the officer responded to reports of a domestic assault at a hotel in Liverpool City Centre on 26 July 2022.
‘On conclusion of the investigation in November 2022, we found PC Marshall had a case to answer for gross misconduct. We referred the case to the Crown Prosecution Service which decided not to authorise any criminal charges.
‘Evidence gathered by IOPC investigators showed PC Marshall used an angry and confrontational tone of voice before taking hold of the victim by her throat, pushing her against the wall and pinning her there momentarily after she had removed the officer’s tie.
‘Body-worn footage from another officer captured PC Marshall telling the woman: “Don’t f…. grab me, love, or I’ll break your f….. neck.”
‘The video also showed that after the woman became resistant to being handcuffed, PC Marshall reapplied his forearm to the woman’s throat and pinned her against the wall for a second time. She then fell to the floor in an apparent momentary loss of consciousness.’
IOPC Regional Director Catherine Bates said: ‘Our investigation has ensured PC Marshall was held accountable for his actions and an independently-chaired panel determined he should be dismissed without notice. He will also be added to the police barred list, preventing him from future employment with the service.’
- The IOPC is calling for a substantial review of policing powers under the laws relating to the strip searches of children, to improve safeguarding and prioritise the welfare of minors.
It said: ‘It’s one of a series of learning recommendations we’re making to the Home Office, National Police Chiefs’ Council (NPCC) and the College of Policing (COP) to review and make changes to national guidance, policy and training relating to searches involving the exposure of intimate body parts.
‘The recommendations follow independent investigations into multiple incidents where children have been strip searched by the Metropolitan Police Service (MPS), including the search involving the exposure of intimate body parts of a 15-year-old black girl – known as Child Q – at a school in Hackney, north-east London in 2020.
‘The investigation into the “strip search” of Child Q, which began in May 2021 after the MPS referred complaints to us made on behalf of the child and the school, was recently completed. We can now confirm that four MPS officers will be facing disciplinary proceedings for their actions and conduct during the incident.
‘The search of Child Q occurred on 3 December 2020 after police were called to the school following suspicions by staff that Child Q was in possession of cannabis. This followed a search by staff of her bag and outer clothing where no drugs were found.
‘The child was subject to a search involving the removal of clothing by two female officers under the Misuse of Drugs Act 1971, while two male officers and school staff remained outside the room where the search took place. No drugs were found during the search.
‘Our investigation looked into whether the grounds for the search and the conduct of officers complied with relevant local and national policies, procedures, guidance and legislation.
‘We also investigated whether officers treated Child Q differently because of her race and sex, and the officers’ communication with school staff during and after the incident.
‘Following the conclusion of our investigation, we determined that three MPS officers should face a gross misconduct hearing for potential breaches of the police standards of professional behaviour relating to duties and responsibilities, conduct, and equality and diversity.
‘A fourth officer, a police constable, will face a disciplinary meeting relating to there being no appropriate adult present during the search. They will also undergo the reflective practice review process to consider further learning opportunities.
‘We have recommended that the MPS consider sending formal letters of apology to Child Q and her mother.’
The IOPC has investigated a total of five cases involving the strip search of children following referrals by the MPS. All but one of the investigations has now
concluded.
