Andrew Malkinson: Rape conviction of man who spent 17 years in jail overturned

A person who served 17 years in jail has had his rape conviction overturned after contemporary DNA proof emerged linking one other suspect to the crime.

Andrew Malkinson was jailed for all times with a minimal time period of seven years after he was discovered responsible of the 2003 assault on a lady in Greater Manchester however stayed in jail for one more decade as a result of he maintained his innocence.

No DNA proof linked him to the crime, with the prosecution case based mostly solely on contested eyewitness identification.

His case was referred to the Court of Appeal in January by the Criminal Cases Review Commission (CCRC), on the premise of latest DNA proof that recognized one other suspect, solely identifiable as Mr B, who has since been arrested.

Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS) didn’t contest the attraction and the 57-year-old’s conviction has been quashed by three senior judges.

Mr Malkinson’s convictions – two counts of rape and certainly one of choking or strangling with intent to commit rape – had been overturned by Lord Justice Holroyde who stated he may “leave the court free and no longer be subject to the conditions of licence”.

‘Kidnapped by the state’

Upon leaving the courtroom, Mr Malkinson delivered a passionate speech the place he talked about that he was “kidnapped by the state”.

He recounted his experiences the place he had repeatedly stated he was harmless to the jury, Court of Appeal and CCRC however “they didn’t believe” him.

He added: “Today I told this court I was innocent and finally they listened.

“The police, jail officers, probation, prisoners, journalists, judges… As a minority of 1 you’re compelled to dwell their false fantasy.

“On 2 August 2003 I was kidnapped by the state. It has taken nearly 20 years to persuade my kidnappers to let me go.”

‘Gaping black gap opened up in my life’

Mr Malkinson, who was launched from jail in December 2020 has beforehand referred to as for the police to be held accountable.

He went on to say how he was “not free” following his launch together with his title on the intercourse offenders register and underneath “tight supervision” by police and probation.

“Now I have finally been exonerated, I am left outside this court… jobless, homeless, expected to simply slip back into the world with no acknowledgement of the gaping black hole that they opened up in my life; a black hole that looms so large behind me, even here today, that I fear it will swallow me up,” he added.

Mr Malkinson criticised GMP calling them the “liars” and stated he was not one himself, including how the power “unlawfully withheld crucial evidence which would have helped” together with his defence.

Acknowledging the sufferer attacked in 2003 he stated the system “let [them both] down”.

“I am so sorry that you were attacked and brutalised that night by that man. I am not the person who attacked you, but what happened to me is not your fault.”

His legal professionals advised the Court of Appeal that his case may have “wider implications” for the legal justice system.

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Along with the DNA proof, his legal professionals earlier advised the courtroom pictures of the sufferer’s arms, which weren’t disclosed on the trial, corroborated her proof that she scratched her attacker and broke a nail.

They additionally stated there was proof one of many key witnesses was a “long-term user of heroin” – which once more was not recognized by Mr Malkinson or his authorized workforce on the time.

Mr Malkinson beforehand utilized twice for his case to be reviewed by the CCRC, which investigates potential miscarriages of justice, however was turned down.

After his launch, developments in scientific methods allowed his authorized workforce, supported by authorized charity Appeal, to supply new DNA evaluation that forged doubt on his conviction to the CCRC.

The physique then commissioned its personal testing which discovered that DNA from the sufferer’s clothes matched one other man on the nationwide police database.

In a CCRC assertion, Chairman Helen Pitcher stated: We recognise that Andrew has had a really lengthy journey to clear his title, however sadly the proof that led to the courtroom overturning his conviction solely grew to become obtainable years after his conviction.”

GMP confirmed in January a man had been arrested and released under investigation in light of the new information. No decision has been made as to whether he will be charged.

“Victim of such a grave miscarriage of justice”

GMP, via its assistant chief constable Sarah Jackson, apologised to Mr Malkinson in a statement saying that he was a “sufferer of such a grave miscarriage of justice”.

It added: “Whilst we hope this end result offers him an extended overdue sense of justice, we acknowledge that it doesn’t return the years he has misplaced.”

The statement also admitted that the judicial process had “failed” in this instance.

The force also apologised to the victim who “relived the expertise throughout a legal trial, and now might endure further hurt brought on by studying that the true offender has not but been dropped at justice”.

A CPS statement by its head of the special crime and counter-terrorism division, Nick Price said it shared “deep remorse” with Mr Malkinson’s wrongful conviction.