Wrongful conviction of Andrew Malkinson

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Andrew Malkinson (born 23 January 1966) is a British man who was wrongfully convicted and jailed in 2003 for the rape of a 33-year-old woman in Salford, Greater Manchester.

Incident[edit]

The 33-year-old female victim had been walking home in Little Hulton in the early hours of 19 July 2003, when she was dragged down a motorway embankment, strangled until unconscious, and sustained the following injuries: swollen left eye, which she could barely open, a fractured cheekbone, bruising to her neck, scratches and scrapes to her back, legs and arms, and severe injury to her left nipple.[1] After losing consciousness she was raped.[2]

Conviction[edit]

Malkinson was identified by the victim in a identity parade line-up. Several key details did not match the description of the perpetrator, for example she described the attacker as being 3 inches shorter than Malkinson, with a hairless chest and no tattoos. Malkinson had chest hair and prominent tattoos on his forearms. She also said the attacker would have a "deep scratch" to his face. Malkinson was seen at work the next day with no scratch to his face.[3]

There was no DNA evidence linking him to the crime at the time.[4]

At trial, he was presented as a drifter and was found guilty of two counts of rape and attempting to choke, suffocate or strangle with intent to commit rape but found not guilty of attempted murder after a jury at Manchester Crown Court (Crown Square) spent nine hours considering their verdicts.[5] He was convicted by a 10–2 majority jury verdict and sentenced to life imprisonment with a minimum term of 6½ years.[5][6][7]

Incarceration[edit]

Malkinson appealed his conviction in 2006, and applied to the Criminal Cases Review Commission (CCRC) for review in 2009 and, assisted by the charity Appeal, in 2018; all were denied.[8] The CCRC was warned in 2013 about the potential for exculpating DNA evidence after a review of a separate case with a similar fact pattern to Malkinson's, the wrongful conviction of Victor Nealon, but this was not acted upon.[9]

Before he was exonerated, a chief constable of Greater Manchester Police had suspended the force's misconduct investigation into the case.[10] Re-testing of cold case samples in 2007 revealed another man's DNA in a sample taken from the victim, with the Crown Prosecution Service (CPS) aware of this by December 2009. At the time, there was no match in the National DNA Database for this other man. The CPS advised against further examination, and the CCRC also declined to review Malkinson's case on cost–benefit grounds, despite the potentially exonerating evidence.[11]

Malkinson could have been released after 6½ years but was not due to his maintaining his innocence.[12] He was released in 2020 for good behaviour.[8]

Conviction quashed[edit]

Malkinson made another application to the CCRC in 2021, and, in 2022, a man was arrested in connection with the original crime.[8] The CCRC referred the case for appeal,[8] and the conviction was quashed by the Court of Appeal in July 2023,[13] using evidence from the 2007 re-testing of samples, which identified a man who had subsequently been placed in the National DNA Database.[11]

Malkinson also asked why wrongfully convicted prisoners should be charged jail living costs, which is deducted from any compensation received.[14] After it emerged that Malkinson may have money deducted from his compensation to pay for his prison living costs, senior Conservative MP Sir Bob Neill urged the UK government to change the rule, stating that "Any fair-minded person thinks this is just wrong."[15] Agreeing that the situation was unfair, a spokeswoman for Rishi Sunak, the UK Prime Minister, subsequently said Sunak had "been speaking with the Home Office and with others in government to establish the facts and ensure that the approach is right and fair".[16] On 6 August, Secretary of State for Justice Alex Chalk confirmed the rule would be scrapped, describing it as a "common sense change which will ensure victims do not face paying twice for crimes they did not commit".[17] Chalk subsequently announced that he was looking at other cases of wrongful conviction with a view to backdating the rules.[18]

Reaction[edit]

Upon his name being cleared, Malkinson stated that he felt he was "forcibly kidnapped ... by the state".[19] Greater Manchester Police apologised[20] although this apology was not accepted by Malkinson, who called it "meaningless".[21] The Independent Office for Police Conduct opened a review into the GMP's handling of Malkinson's complaints.[11]

Edward Garnier, a former Solicitor General, called for a public inquiry and criticised the justice's system handling of the case and particularly the conduct of the CCRC, saying that the decision to reject Malkinson's 2009 appeal on cost–benefit grounds despite the lead of the unknown man's DNA had, in fact, led to significant costs both to Malkinson and to the state in compensation to be paid; further, he suggested that exemplary damages may be due "because of the oppressive and arbitrary behaviour of agents of the state".[11] Former Director of Public Prosecutions Ken Macdonald and barrister Michael Mansfield also called for an inquiry.[22]

The Criminal Cases Review Commission announced on 17 August 2023 that it had appointed an external KC to conduct a review into its actions in relation to the case.[23] On 24 August, the Justice Secretary, Alex Chalk, announced the launch of a non-statutory inquiry to investigate the role of the Crown Prosecution Service, Greater Manchester Police and the Criminal Cases Review Commission.[24]

On 13 September 2023, the Independent Office for Police Conduct announced it would investigate Greater Manchester Police's handling of the Malkinson case.[25]

Aftermath[edit]

After release from prison, Malkinson lived in a tent in Spain.[26]

The case was featured in the academic journal Medicine, Science, and the Law in 2021,[27] and is also the subject of a dedicated podcast.[28]

Inquiry[edit]

An inquiry into the wrongful conviction, led by Judge Sarah Munro KC, began on 26 October 2023. The hearing will examine the original investigation by Greater Manchester Police and why it took so long for the conviction to be overturned. Munro said she would be "fearless" in seeking the truth.[29]

References[edit]

  1. ^ "Raped and left for dead". The Bolton News. 6 February 2004.
  2. ^ "Rapist sentenced to life in jail". BBC News. 30 March 2004.
  3. ^ Dugan, Emily (27 January 2023). "Andrew Malkinson is still fighting to clear his name 20 years after rape case". The Guardian. Retrieved 27 July 2023.
  4. ^ Dugan, Emily (3 May 2023). "Greater Manchester police failure led to man spending 17 years in prison, court told". The Guardian.
  5. ^ a b Thomas George (15 December 2020). "Man jailed for life 16 years ago after woman raped next to M61 claims fresh DNA evidence proves his innocence". Manchester Evening News.
  6. ^ Dugan, Emily (24 May 2023). "Greater Manchester police won't oppose appeal of man jailed for 17 years for rape". The Guardian. Retrieved 30 July 2023.
  7. ^ Gregory, Andy (24 January 2023). "He spent 17 years in jail for rape. Now another man has been arrested for the crime". The Independent.
  8. ^ a b c d Dugan, Emily (15 August 2023). "Rape, DNA and injustice: a timeline of the Andrew Malkinson case". The Guardian.
  9. ^ Casciani, Dominic (24 January 2024). "Andy Malkinson: DNA warnings made years before rape case overturned". BBC News.
  10. ^ "Andrew Malkinson: Police chief stops inquiry into rape case mishandling". The Times.
  11. ^ a b c d Casciani, Dominic (16 August 2023). "Andy Malkinson: DNA evidence identified three years after rape conviction". BBC News.
  12. ^ Steve Robson (2 May 2021). "I served 17 years in jail for a horrific rape I didn't commit – and now the DNA evidence proves it'". Manchester Evening News.
  13. ^ Dugan, Emily (26 July 2023). "Appeal court overturns Manchester rape conviction of man who spent 17 years in jail". The Guardian.
  14. ^ Callum May (26 July 2023). "Andrew Malkinson: Why are some wrongfully convicted prisoners charged jail living costs?". BBC News.
  15. ^ Jackson, Marie (29 July 2023). "Andrew Malkinson: End living cost charge for wrongfully convicted, Tory MP says". BBC News. BBC. Retrieved 29 July 2023.
  16. ^ "Andrew Malkinson: Living costs for wrongfully convicted unfair – PM". BBC News. BBC. 31 July 2023. Retrieved 31 July 2023.
  17. ^ Seddon, Sean (6 August 2023). "Prison living costs rule scrapped for wrongly convicted". BBC News. BBC. Retrieved 6 August 2023.
  18. ^ "Andrew Malkinson: Justice secretary considering backdating jail cost rules". BBC News. BBC. 8 August 2023. Retrieved 8 August 2023.
  19. ^ Dugan, Emily (26 July 2023). "'I started shaking': Andrew Malkinson on being told he is a free man". The Guardian.
  20. ^ Lauren Hirst; Tom Mullen (26 July 2023). "Andrew Malkinson's rape conviction quashed after 20-year fight". BBC News.
  21. ^ Harrison (26 July 2023). "Andrew Malkinson calls police apology for wrongful rape conviction 'meaningless'". Evening Standard.
  22. ^ Seddon, Sean (16 August 2023). "Andrew Malkinson: Calls for inquiry into wrongful rape conviction". BBC News.
  23. ^ Dugan, Emily. "Andrew Malkinson case to be reviewed by body that investigates miscarriages of justice 17 August 2023". theguardian.com. Guardian. Retrieved 17 August 2023.
  24. ^ Casciani, Dominic (24 August 2023). "Andrew Malkinson: Government announces inquiry into wrongful rape conviction". BBC News. BBC. Retrieved 24 August 2023.
  25. ^ Casciani, Dominic (13 September 2023). "Andrew Malkinson: Police investigated over man's wrongful jailing". BBC News. BBC. Retrieved 13 September 2023.
  26. ^ McCubbin, Jayne (18 October 2023). "Andrew Malkinson: Wrongly jailed man 'broke' and living in tent". BBC News. Retrieved 18 April 2024.
  27. ^ Samuels, A. (2022). "Andrew Malkinson: A miscarriage of justice?". Medicine, Science, and the Law. 62 (2): 95–96. doi:10.1177/00258024211038075. PMID 34397298. S2CID 237095545.
  28. ^ The Times and The Sunday Times, in collaboration with Wireless Studios, true crime podcast 6 episode series; Seventeen Years: The Andrew Malkinson Story Emily Dugan (Sunday Times journalist)
  29. ^ Casciani, Dominic (26 October 2023). "Andrew Malkinson: Wrongful conviction inquiry judge pledges 'fearless' review". bbc.co.uk. BBC. Retrieved 26 October 2023.
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