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

A man who served 17 years in prison has had his rape conviction overturned after fresh DNA evidence emerged linking another suspect to the crime.

Andrew Malkinson was jailed for life with a minimum term of seven years after he was found guilty of the 2003 attack on a woman in Greater Manchester but stayed in jail for another decade because he maintained his innocence.

No DNA evidence linked him to the crime, with the prosecution case based 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 basis of new DNA evidence that identified another suspect, only identifiable as Mr B, who has since been arrested.

Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS) did not contest the appeal and the 57-year-old's conviction has been quashed by three senior judges.

Mr Malkinson's convictions - two counts of rape and one of choking or strangling with intent to commit rape - were overturned by Lord Justice Holroyde who said he could "leave the court free and no longer be subject to the conditions of licence".

'Kidnapped by the state'

Upon leaving the court, Mr Malkinson delivered a passionate speech where he mentioned that he was "kidnapped by the state".

He recounted his experiences where he had repeatedly said he was innocent to the jury, Court of Appeal and CCRC but "they didn't believe" him.

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

"The police, prison officers, probation, prisoners, journalists, judges... As a minority of one you are forced to live 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 hole opened up in my life'

Mr Malkinson, who was released from prison in December 2020 has previously called for the police to be held accountable.

He went on to say how he was "not free" following his release with his name on the sex offenders register and under "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 said he was not one himself, adding how the force "unlawfully withheld crucial evidence which would have helped" with his defence.

Acknowledging the victim attacked in 2003 he said 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 lawyers told the Court of Appeal that his case could have "wider implications" for the criminal justice system.

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Along with the DNA evidence, his lawyers earlier told the court photographs of the victim's hands, which were not disclosed at the trial, corroborated her evidence that she scratched her attacker and broke a nail.

They also said there was evidence one of the key witnesses was a "long-term user of heroin" - which again was not known by Mr Malkinson or his legal team at the time.

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Mr Malkinson previously applied twice for his case to be reviewed by the CCRC, which investigates potential miscarriages of justice, but was turned down.

After his release, advancements in scientific techniques allowed his legal team, supported by legal charity Appeal, to provide new DNA analysis that cast doubt on his conviction to the CCRC.

The body then commissioned its own testing which found that DNA from the victim's clothing matched another man on the national police database.

In a CCRC statement, Chairman Helen Pitcher said: We recognise that Andrew has had a very long journey to clear his name, but sadly the evidence that led to the court overturning his conviction only became available 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 "victim of such a grave miscarriage of justice".

It added: "Whilst we hope this outcome gives him a long overdue sense of justice, we acknowledge that it does not return the years he has lost."

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

The force also apologised to the victim who "relived the experience during a criminal trial, and now may endure additional harm caused by learning that the true offender has not yet been brought to justice".

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