Malkinson probe could call Starmer

SIR Keir Starmer could be called as a witness in a public inquiry into how an innocent man spent 17 years in jail for rape, sources have said.

The Labour leader would be asked to answer questions as the ex-Director of Public Prosecutions (DPP) in an investigation into how Andrew Malkinson stayed in jail despite DNA evidence emerging that would have exonerated him.

The role of the Crown Prosecution Service, which is headed by the DPP, in the case has come under scrutiny after a log of a 2009 meeting emerged which revealed it was aware of the potential enormity of the discovery.

The Mail on Sunday understands Ministers are discussing launching an inquiry into Mr Malkinson’s case, described as one of Britain’s worst miscarriages of justice.

While there has been no suggestion Sir Keir was directly involved in the case, a source said they expected him, and his predecessor Lord Macdonald, to be called to give evidence if the inquiry gets the green light.

MPs have said it should take no more than six months, raising the prospect Sir Keir may have to appear before it in the run-up to a general election.

Mr Malkinson, 57, was jailed for life after being convicted of rape in Salford in 2004. He was released in 2020 and exonerated by the Court of Appeal last month.

Sir Keir was DPP from 2008 to 2013. Last week the Criminal Cases Review Commission said it will review its role after it emerged Mr Malkinson had to make three applications to it before it referred his case to the Court of Appeal.

Former Solicitor General Lord Garnier and ex-Justice Secretary Sir Robert Buckland are among senior figures who have called for a public inquiry. Sir Robert said: ‘We have heard from one former DPP, Lord Macdonald, so we are all interested to know the view of the DPP who came after.’

A Labour Party spokesman said: ‘Mr Malkinson was prosecuted before Keir Starmer was DPP. The case didn’t ever cross his desk.’