A man who was “kidnapped by the state” after being wrongfully convicted of a rape in Salford 20 years ago has had his conviction overturned by the Court of Appeal.
Andrew Malkinson, 57, served 17 years behind bars for the attack of a woman in Salford in 2003, a crime for which he has always maintained his innocence. Mr Malkinson was released from prison in December 2020 and placed on the sex offenders register.
But his conviction was quashed by senior judges at the Court of Appeal on Wednesday (26 July) after DNA evidence linking another man to the crime came to light.
Mr Malkinson claimed he was “kidnapped by the state” after being arrested on August 2 2003, and accused police of “scrambling to cover up” how he was wrongly convicted for 20 years.
After being exonerated, Mr Malkinson read this statement: “I came to the police station in 2003 and told the officers I was innocent. They didn’t believe me.
“On August 2 2003 I was kidnapped by the state. It has taken nearly 20 years to persuade my kidnappers to let me go. Seventeen years, four months and 16 days of that time were spent in prison.
“And now I have finally been exonerated, I am left outside this court without an apology, without an explanation, jobless, homeless, expected to simply slip back into the world with no acknowledgment 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.
“I spent 17 years on my guard against every threat, 17 years counting down the minutes to lock-up so I could be behind my door and safe from other prisoners – but not safe from my own mind.
Addressing the victim of the crime he did not commit, he said: “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.
“I am so sorry if my fight for the truth, as I knew it to be, has caused you extra trauma. I am so sorry that the system let you down. It let us both down.I sincerely hope that you are receiving the support you need and the apology from the police that you deserve.”
Mr Malkinson also addressed the police who investigated the crime who failed to believe him.
He said: “Since I was arrested in 2003, the police, the prison system and probation service have been calling me a liar because I denied that I committed the crime.
“I am not a liar. I am not in denial but I will tell you who is: Greater Manchester Police are liars and they are in denial.
“Even after this judgment today, I predict we will see them denying responsibility for what happened. We will see them stretching credulity with their excuse-making.
“Greater Manchester Police have been scrambling to cover up how they wrongfully convicted me for 20 years.”
In response to the statement, GMP released an apology to Mr Malkinson. GMP’s Assistant Chief Constable Sarah Jackson said: “We are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice, in being convicted of a crime he did not commit and serving a 17-year custodial sentence. 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. I have offered to meet with him to personally deliver this apology.
“We are also profoundly sorry to the victim of this crime, who not only suffered an horrific trauma 20 years ago, but also 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. We are absolutely committed to following all new lines of enquiry to ensure the right person is held accountable for harming her.
“Whilst this case tragically led to the wrong person being convicted, these instances are thankfully very rare. Following an appeal heard by the Court of Appeal in 2006, and two reviews by the Criminal Cases Review Commission (CCRC), a full and thorough review of the original investigation was carried out by GMP. The force has and will continue to fully cooperate with any further reviews of this case and action will be taken if it is found that anything could have been done differently.
“In the vast majority of cases, the processes our officers follow lead to a case being presented to the CPS whereby the suspect and evidence collected were relevant to the crime committed. The evidence presented by GMP and the CPS at court between 2003-2004 was subject to a full criminal trial before a jury, who ultimately reached the final guilty verdict. Sadly, in this case it is now clear that the wrong person was convicted.
“Due to new forensic evidence, following developments in forensic technologies, there is a live criminal investigation in which a suspect remains on bail. We cannot comment further on that matter at this time.
“We are sorry that in this case, the judicial process failed, and the wrong man was convicted. We are determined to work with our colleagues in the CPS to ensure all new evidence is fully examined and that the person truly responsible is convicted and the victim of this horrific crime receives the justice deserved.”
Mr Malkinson has since slammed the apology as “meaningless”.
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