BREAKING: APPEAL client Andrew Malkinson, who spent over 17 years in prison maintaining innocence, granted fresh appeal after DNA hit on alternative suspect
Press release – 24 January 2023 – APPEAL
APPEAL client Andrew Malkinson, who has been fighting to clear his name for almost two decades, has today had his conviction referred for a fresh appeal hearing after DNA was linked to an alternative suspect.
The statutory body responsible for investigating miscarriages of justice, the Criminal Cases Review Commission (‘CCRC’), has decided there is a real possibility that the Court of Appeal will overturn the conviction of Mr Malkinson, who spent a decade longer in prison than he might have done had he admitted guilt.
The decision comes after Mr Malkinson’s representatives at the law charity APPEAL commissioned new DNA testing which revealed the presence of unknown male DNA in samples taken from the victim and her clothing.
APPEAL presented these DNA results to the CCRC, who have been able to identify an alternative suspect via a search on the National DNA Database. Greater Manchester Police (‘GMP’) are now actively investigating this suspect.
Concerningly, this new DNA breakthrough was only possible because samples had been retained in a forensic archive. Crucial exhibits were lost or destroyed by GMP, despite the force having a strict legal duty to retain them, meaning they were not available to be tested.
APPEAL also uncovered that key evidence had not been disclosed to Mr Malkinson’s defence at trial and the CCRC has decided that this is also “supportive” of referral.
In 2004, Mr Malkinson was convicted by a 10-2 majority jury verdict of the July 2003 rape of a 33-year-old woman in Greater Manchester despite the absence of any forensic evidence linking him to the attack and notable discrepancies with the descriptions provided by eyewitnesses.
In May 2021, Mr Malkinson’s representatives at the law charity APPEAL submitted an application to the CCRC on his behalf. This presented new forensic analysis which detected the presence of DNA belonging to an unknown male in crime-specific locations from samples taken from the victim, including under the fingernails which she said she used to cause a deep scratch on her attacker’s face.
APPEAL faced challenges in obtaining this DNA evidence as Greater Manchester Police had unlawfully lost or destroyed exhibits including items of the victim’s clothing. Luckily, samples taken from the victim's clothing along with various swabs had been retained by a separate body, Forensic Archive Limited. This meant that some new DNA analysis could, thankfully, still take place.
Building on the new DNA analysis commissioned by APPEAL, the CCRC conducted further forensic enquiries in parallel with the Greater Manchester Police which found that the DNA was “one billion times more likely” to be DNA from an unnamed individual - “Mr B” - than Mr Malkinson. According to the CCRC, this new suspect also matches the physical description of the attacker given by the victim at the time of the offence.
Mr Malkinson spent more than 17 years in prison, though he was eligible for release after 6 years 125 days. He has steadfastly maintained that this is a case of mistaken identity. This is the third time the CCRC has reviewed this case.
APPEAL also uncovered and presented to the CCRC fresh evidence undermining the credibility and reliability of two key prosecution witnesses, which the police and prosecution failed to disclose to the defence at Mr Malkinson’s trial. The CCRC has concluded that this evidence is also “supportive” of referral of Mr Malkinson’s conviction to the Court of Appeal.
Mr Malkinson’s case was the subject of a podcast series by the Times and Sunday Times named “Seventeen years: The Andrew Malkinson story”.
Andrew Malkinson said:
“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?”
Emily Bolton, Director of APPEAL and Mr Malkinson’s lawyer said:
“APPEAL welcomes the CCRC’s decision to grant our client Andy the opportunity to finally clear his name, after more than seventeen years’ imprisonment for a crime of which he has always maintained his innocence.
“The battle for justice is not yet over. The Court of Appeal will now form its own view of the fresh evidence and we hope they will agree that Andy’s conviction cannot now be regarded as safe.
“We hope that the police and prosecution will not spend resources opposing this appeal and instead bring the real perpetrator of this crime to justice.
“The CCRC’s decision comes after hundreds of hours of investigation by APPEAL. This included commissioning new DNA analysis, interviewing witnesses and uncovering documents that were not disclosed to the defence.
“We would like to thank all those who have supported our charity’s work, including barristers Max Hardy and Edward Henry KC, and pro bono lawyers at Ropes & Gray, Latham & Watkins and Mishcon de Reya.
“The DNA breakthrough in this case was very nearly rendered impossible by the police’s unlawful failure to retain key exhibits – and we will continue to push for accountability.”
Ends
Notes to Editors
· APPEAL is a law practice and charity that fights miscarriages of justice and demands reform. Mr Malkinson’s CCRC application was prepared by solicitor Emily Bolton and investigator James Burley, with pro bono assistance from Max Hardy and Edward Henry KC, and lawyers from Ropes & Gray, Latham & Watkins and Mishcon de Reya.
· The CCRC’s press release on this referral can be found here.
· If you would like to use photographs of Mr Malkinson or attend the court hearing or request an interview with APPEAL, please contact Charlotte Threipland, Policy and Comms Lead on charlotte@appeal.org.uk or 07786 937 718.
· For further information on this case, see our website: appeal.org.uk/andy-malkinson-new
· The Times podcast ‘Seventeen Years: the Andrew Malkinson Story’ can be found here.