Andrew Malkinson has called for further resignations in the leadership team at the miscarriage of Justice watchdog after its chair finally stepped down claiming to have been ‘scapegoated’. In an extraordinary resignation letter, Helen Pitcher, chair of the Criminal Cases Review Commission, argued that she was being held accountable unfairly and for problems caused prior to her tenure. ‘A head had to roll, and I was chosen for that role,’ she said.

Pitcher finally stepped down after months of pressure including from the justice minister Shabana Mahmoud who sought her resignation in July. As Pitcher is a crown appointee and so  a three-person independent panel was set up to advise That panel concluded by a majority that she should no longer head CCRC following its serial failings in the handling of Andrew Malkinson’s case.

Andrew Malkinson was convicted in 2004 of rape, sentenced to life imprisonment and released on licence in 2020. The CCRC twice rejected his case before its successful 2023 referral. ‘I do feel I have been scapegoated for entirely legitimate operational decisions that were not handled by any non-executive CCRC chair before I joined the organisation,’ Pitcher writes. ‘The original rejection of Mr Malkinson’s appeal was almost a decade before my time: on my watch, armed with new DNA evidence which we commissioned, we were able to resolve the situation and set Mr Malkinson free.’

Speaking yesterday, Andrew Malkinson said her ‘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.’

The problems at the CCRC are much wider than its mishandling of the Malkinson case, run deep and pre-date Pitcher’s tenure. The Justice Gap has focused on the collapse of referrals in recent years and political interference at the commission. According to an analysis of recent referrals by Dr Steve Heaton (contained in PROOF magazine, issue 6), the CCRC has successfully referred just 16 cases on the basis of its own investigation in the last eight years if you exclude group referrals such as the Post Office cases.

Kim Johnson MP, chair of the APPG on Miscarriages of Justice, called Pitcher’s resignation statement ‘nothing short of extraordinary’. ‘Her claims of being “scapegoated” are both disingenuous and a deflection from the real issue at hand – her failure to adequately address miscarriages of justice during her tenure, including the appalling mishandling of the Andrew Malkinson case. These failures have undermined trust in the CCRC, an institution critical to ensuring fairness and justice within our legal system.’

‘This is not about scapegoating: it is about accountability, competence, and a failure from the top to tackle structural barriers to justice. The handling of miscarriages of justice requires leadership that prioritises transparency, diligence, and a commitment to righting wrongs. Unfortunately, these qualities were sorely lacking under Pitcher’s leadership. Her departure underscores the urgent need for reform within the CCRC. We must take this opportunity to implement meaningful changes that restore public confidence and ensure the Commission fulfils its vital role in our justice system. I fully endorse Andrew Malkinson’s comments today for a root and branch reform of the CCRC. The time for action is now.’
Kim Johnson MP

Pitcher for the first time acknowledged problems at the watchdog before she arrived revealing that former commissioners even called on the removal of the senior management team. The panel report has yet to be published, but according to Pitcher’s letter below it makes clear ‘a number of failings in the organisation I inherited’ and puts on record ‘advice from departing commissioners to remove the senior management team’. ‘This was not feasible and two key figures chose to leave,’ she said.

Pitcher continues to say she took the view that ‘the CEO with appropriate mentoring, development and support’ was capable along with the board of ‘overhauling it’s processes, leadership and governance’. She likens herself to Henry Staunton, former chairman of the Post Office, because (in her words) ‘someone has to take the rap’. ‘Like me, he joined the organization to fix the failures that had already occurred,’ she added.

Helen Pitcher signs off by ‘wishing the organisation well’, before adding: ‘I worry it may prove extremely difficult to find a new chair prepared to take on this important role on the understanding that, like me, they will be held personally responsible for historical failures over which they will have had no say’.

Matt Foot, co-director of APPEAL which represented Andrew Malkinson, called her resignation ‘a real victory for those of us campaigning for an effective miscarriage of justice watchdog’. ‘Helen Pitcher proved herself an unfit leader when she shamelessly sought praise for her organisation’s catastrophic mishandling of Andrew Malkinson’s case and then spent months denying him an apology,’ he said. ‘The priority now must be to get in a new Chair and a fresh senior leadership team with experience of fighting injustice, who can restore public confidence in the CCRC. Miscarriage of justice survivors, campaigners and lawyers should all be consulted to make sure that the right people are selected.’