Andrew Makinson – wrongly imprisoned for 17 years – unsafe conviction

British government launches investigation into case of man who spent 17 years wrongfully imprisoned.

The British government has requested an independent investigation on Thursday to uncover how it was possible for a man to spend seventeen years behind bars before his conviction was overturned on appeal last month.

Andrew Malkinson, 57 years old, was sentenced to life in prison in 2004 for the rape of a woman in the Manchester region. Despite the absence of DNA evidence and Malkinson consistently maintaining his innocence, he was convicted.

He was released in 2020. Last month, the Court of Appeal quashed his conviction after new DNA evidence linked another man to the crime.

“Andrew Malkinson is the victim of a horrendous miscarriage of justice, and he deserves thorough and honest answers to the questions of how and why it took so long to shed light on his case,” stated Justice Minister Alex Chalk. “A man spent 17 years in prison for a crime he did not commit while a rapist roamed free. We must learn from this case.”

The investigation will focus on the role of the Manchester police, the prosecution, and the CCRC (Criminal Cases Review Commission), the entity responsible for investigating potential miscarriages of justice. Stephen Watson, the head of Greater Manchester Police, already declared that his services will fully cooperate with the investigation.

Belga    25-08-2023

Full interview with Andrew Malkinson – wrongly imprisoned for 17 years | The News Agents

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9 aug 2023

Jon Sopel and Lewis Goodall speak to Andre Malkinson, a man wrongly convicted for rape and imprisoned for 17 years – 10 of which were an extension for his refusal to confess to a crime he did not commit.

#uk #news #prison #crime #police #truecrime #NewsAgents #EmilyMaitlis #JonSopel #LewisGoodall

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Wrongly Convicted; But Why?

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8 aug 2023

Andrew Malkinson spent 17 years in prison for a crime he did not commit because Police withheld evidence!

1 Andrew Malkinson cleared of rape after serving 17 years in jail for a crime he did not commit

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26 jul 2023 COURT OF APPEAL, FAMILY DIVISION

Court footage, courtesy: Court of Appeal.

Appeal court judges have quashed the rape conviction of a man who spent 17 years behind bars for a crime he didn’t commit.

Andy Malkinson, 57, always denied carrying out the violent attack on a woman by the M61 motorway in Little Hulton, Salford, in July 2003. The following year he was jailed for life with a minimum term of seven years, but remained in prison for a further 10 because he maintained he was innocent. At the time of his trial, there was no DNA evidence linking him to the crime and the prosecution case against him was based solely on identification evidence.

His case was referred to the Court of Appeal in January by the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, after new DNA evidence was discovered. This afternoon three top judges sitting at the Court of Appeal quashed his rape conviction.

The news was greeted with cheers at the Court of Appeal in London. Mr Malkinson raised his hands raised his hands aloft to acknowledge the cheers moments after he had been cleared.

Mr Malkinson was 37 when he was found guilty on February 10, 2004, by a 10-2 majority of carrying out a violent sex attack on a mum-of-two by the M61 motorway in Little Hulton, Salford.

Earlier Edward Henry KC, representing Mr Malkinson, told the court: “In more than one sense this is an historic case being an historic injustice. The respondent… joins with us in submitting that DNA testing which Mr Malkinson has called for since his arrest some 20 years ago now supports his long-standing protestations of innocence. Also this DNA testing, that fresh review, points to a credible suspect who could not be the appellant.”

Mr Henry also criticised ‘deplorable disclosure failures which must lie at the door of Greater Manchester Police, grave repeated disclosure failures’ at the original trial which he said ‘wholly undermined the prospect of a fair trial guaranteed under article 6’ of the Human Rights Act.

The rape victim ‘believed she had identified the right man’ but this was ‘not supported’ by other evidence aside from the evidence of two eye-witnesses who were presented at the trial as independent but were not, said Mr Henry.

The KC said ‘no trace of any forensic matter has ever linked the appellant to these appalling crimes whereas now there’s testing that points to a credible, viable alternative suspect’.

Continue reading at Manchester Evening News:
Man who spent 17 years behind bars for rape he DIDN’T commit finally has conviction quashed
https://www.manchestereveningnews.co….

The Manchester Evening News covers news, entertainment, sport, and what’s happening around the region – and has done since 1868.

2 Andrew Malkinson condemns police as ‘liars’ after he is cleared of rape


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A man who served 17 years in prison for a rape he has always been adamant he did not commit has been cleared by the Court of Appeal. Andrew Malkinson was convicted of the 2003 attack on a woman in Greater Manchester and jailed for life the following year. He has always claimed he was wrongly convicted and twice applied for his case to be reviewed.

The key points of the case of Andrew Malkinson are as follows:

  1. Conviction: Andrew Malkinson, aged 57, was convicted in 2004 for the rape of a woman in Salford, Greater Manchester. He was sentenced to life in prison with a minimum term of seven years.

  2. Maintaining Innocence: Throughout his time in prison, Malkinson maintained his innocence despite being convicted of the crime.

  3. Lack of DNA Evidence: The prosecution’s case against Malkinson was based solely on contested eyewitness identification, as no DNA evidence linked him to the crime.

  4. New DNA Evidence: The case was referred to the Court of Appeal by the Criminal Cases Review Commission after new DNA evidence emerged. This evidence identified another suspect, referred to as “Mr B,” who was subsequently arrested.

  5. Overturned Conviction: Based on the new DNA evidence and its impact on the case, a panel of senior judges at the Royal Courts of Justice in central London overturned Malkinson’s convictions for two counts of rape and one count of choking or strangling with intent to commit rape.

  6. Uncontested Appeal: The appeal was uncontested, indicating that the authorities agreed with the significance of the new DNA evidence and its potential to change the outcome of the case.

  7. Freedom: After serving 17 years in prison, Andrew Malkinson was released from custody as a result of the overturned convictions, leaving the court as a free man.

  8. Further Grounds of Appeal: The judges stated that they would consider additional grounds of appeal involving disclosure issues concerning the contested identification evidence at a later date.

3 Andrew Malkinson: Man wrongly jailed for 17 years hits out at ‘lying police’

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26 jul 2023

A man who spent 17 years wrongly locked up for rape has said he was “kidnapped by the state” and forced to live a “false fantasy” by those who insisted he was guilty.

Andrew Malkinson said police and courts had repeatedly ignored his pleas – until Wednesday’s Court of Appeal decision exonerated him due to DNA evidence linking the crime to someone else.

Read more on the story here: https://news.sky.com/story/andrew-mal…

4 Andrew Malkinson’s rape conviction overturned

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A court of appeal hearing is taking place for Andrew Malkinson, for the rape of a woman in Salford in 2003. Mr Malkinson was convicted of attacking a woman in Greater Manchester and jailed for life the following year, but challenged his conviction in light of new DNA evidence linking another potential suspect to the crime.

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

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26 jul 2023

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.

Mr Malkinson spoke after the overturning of his conviction outside of the Royal Court of Justice in London where he has called for Great Manchester Police to be held accountable.

Read more on the story here: https://news.sky.com/story/andrew-mal…

6 Innocent Behind Bars: Andrew Malkinson’s 17-Year Prison Nightmare | LBC

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‘No innocent person should ever go to prison for one day… but years on end is utter psychological torture.’ Andrew
 
Malkinson who went to prison for 17 years for a crime he did not commit tells Tom Swarbrick that his time inside was a ‘black hole filled with utter misery, pain, anxiety, and suffering.’
 
Listen to the full show on Global Player: https://l-bc.co/ListenNow

7 Andrew Malkinson freed &the threat that he will have to pay board and lodging for his time in prison

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It is absurd and Sir Bob Neill has called out the absurdity

8 Seventeen Years Andrew Malkinson Podcast Preview

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Coming soon – Seventeen years: The Andrew Malkinson story Award-winning journalist Emily Dugan from The Sunday Times investigates a potential miscarriage of justice, which could have cost a man nearly two decades of his life wrongfully behind bars.

9 Andrew Malkinson: One of Britain’s biggest miscarriages of justice


 
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2 aug 2023 Stories of our Times | PODCAST

Last week, Andrew Malkinson’s 2004 conviction for rape was quashed at the Court of Appeal after new DNA evidence implicated another man in the crime.

The 57-year-old spent 17 years in jail wrongly incarcerated, always protesting his innocence.

How did this happen? What now for Malkinson? Can he ever be recompensed?

Stories of our times made an award-nominated multi-part series on his case in 2021.

This podcast was brought to you thanks to the support of readers of The Times and The Sunday Times. Subscribe today: thetimes.co.uk/storiesofourtimes.

Host: Will Roe.

10 Andrew Malkinson: Man who spent 17 years in prison for rape he denies could have conviction quashed

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25 jan 2023

Andrew Malkinson could be allowed to appeal against his 2004 rape conviction after another man was arrested for the crime.

Mr Malkinson was 37 when he was found guilty of carrying out a violent sex attack on a mum-of-two by the M61 motorway in Little Hulton, Salford.

The victim, who had been walking home alone in the early hours of 19 July 2003 was sexually assaulted after being throttled until she was unconscious.

“I am innocent. Finally, I have the chance to prove it thanks to the perseverance of my legal team at APPEAL. I only have one life and so far 20 years of it has been stolen from me. Yesterday I turned 57 years old. How much longer will it take?”, said Andrew Malkinson.

11 Innocent Man To Pay Bed And Breakfast Costs During Wrongful Imprisonment | Dr David Bull

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29 jul 2023 LONDON

A man who was locked up for 17 years for a rape he did not commit may have to pay for prison “board and lodging”.

Dr David Bull and Renée Hoenderkamp speak with criminal barrister Mark McDonald on the case of Andrew Malkinson.

12 Wrongly convicted people will no longer pay living costs for time spent in prison

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6 aug 2023

People who are wrongly convicted of crimes will no longer be made to pay living costs for the time they spent in prison.

The change has been prompted by the case of Andrew Malkinson, who spent 17 years behind bars for a rape he did not commit.

Sky’s crime correspondent Martin Brunt reports.

13 Andy Malkinson speaks to ITV News Calendar following the news of his referral on 26 January 2023.

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14 Andrew Malkinson: Police knew DNA wasn’t his years before release


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16 aug 2023

Andrew Malkinson spent 17 years in prison for a rape he did not commit.

He was cleared last month, but it’s now been revealed that in 2007, prosecutors knew another man’s DNA was found on the victim’s clothes.

Despite this, the police and Crown Prosecution Service didn’t act, leaving Mr Malkinson behind bars for another 13 years.

Sky’s Crime Correspondent, Martin Brunt, has this report.

15 Andrew Malkinson: Lawyer calls for inquiry on miscarriage of justice

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Police and prosecutors reportedly knew in 2007 that another man’s DNA was on the clothes of the woman Andrew Malkinson was wrongly imprisoned for raping, yet he stayed behind bars for 13 more years.

Continue reading at The Mirror:

Andrew Malkinson: top lawyer calls for inquiry on ‘jaw-dropping’ miscarriage of justice

16 “A Shameful Episode!” Former Detective Peter Bleksley Talks Andy Malkinson Case

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16 aug 2023

Documents in the case of Andy Malkinson show the DNA of another man was identified three years after he was wrongly jailed for rape, yet he spent 13 more years in prison.

Mr Malkinson was found guilty in 2004 of raping a woman in Greater Manchester and only had his conviction quashed last month at the Court of Appeal.

Former detective Peter Bleksley says: “It is a shameful episode… These kind of dangerous cases arise when the police look for proof not truth.”

17 Rape conviction quashed for man who spent 17 years in jail

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28 jul 2023 ROYAL COURTS OF JUSTICE

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

Andrew Malkinson, now 57, was jailed for life with a minimum term of seven years in 2004 after he was found guilty of the attack on a woman in Salford, Greater Manchester – but he 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 by the Criminal Cases Review Commission on the basis of new DNA evidence that identified another suspect, only identifiable as Mr B, who has since been arrested.

The appeal was uncontested and Mr Malkinson’s convictions – two counts of rape and one of choking or strangling with intent to commit rape – were overturned by a panel of senior judges sitting at the Royal Courts of Justice in central London.

Lord Justice Holroyde, who heard the case with Mr Justice Goose and Sir Robin Spencer, said: “Having considered for ourselves the new evidence and its effect we have no doubt that the new evidence shows the convictions to be unsafe.”

He told Mr Malkinson: “Having waited so many years, you leave the court a free man.”

The judges said they would give their decision on further grounds of appeal – involving disclosure issues surrounding the contested identification evidence – at a later date.

18 Andrew Malkinson Innocent?! Don’t Believe the Hype!

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Part two of our deep dive into the background & evidence against Andrew Malkinson.
 
Malkinson changes his defense from mistaken identity to the crime never occurred. Malkinson’s conviction has been overturned and deemed unsafe by the Criminal Court of Appeals in the UK.

Andrew Malkinson

19 – 17 Years, No Apology.

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Andrew Malkinson spent 17 years in prison for a crime he didn’t commit

20 Crushed By Steel Beam Prank

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Fake steel beam is stuck above a car being held up by a single person. As he loses his grip, the steel beam falls onto the car to the shock and horror of the car’s owners.

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