January 25, 2023 11.54 am This story is over 24 months old

New DNA evidence sees Grimsby man’s rape conviction sent back to Court of Appeal

New DNA testing revealed a potential alternative suspect

A Grimsby man who spent 17 years in jail for rape has seen his convictions referred to the Court of Appeal after new DNA testing revealed a potential alternative suspect.

Andrew Malkinson was sentenced to life imprisonment after being convicted of strangling and raping a 33-year-old woman in Little Hulton, Salford in Greater Manchester on July 19, 2003. The victim was attacked whilst walking home alone in the early hours of the morning and, according to BBC, she was sexually assaulted after being throttled until she was unconscious.

There was no DNA or other forensic evidence linking Mr Malkinson to the crime and, following a trial, Mr Malkinson was convicted by a majority verdict in February 2004. The prosecution case relied mainly on identification evidence, according to the Criminal Cases Review Commission (CCRC).

He was released from HMP North Sea Camp near Boston on licence in December 2020. As a result of scientific developments, experts instructed by the CCRC have now obtained a DNA profile on the victim’s clothing which matched another man on the National DNA database.

In light of new information. Greater Manchester Police said they had arrested a 48-year-old man from Exeter on suspicion of rape who has since been released under investigation, according to the BBC.

In a statement issued by legal charity Appeal, 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. On Monday, I turned 57 years old. How much longer will it take?”

Although now out of prison, Andy remains on the sex offender’s register and with strict restrictions on his freedom, according to Appeal.

Andy added: “The trial that resulted in my wrongful conviction felt like a slow motion car crash – I just couldn’t think of any way to stop it.

“Thanks to Appeal taking the police to court, we’ve discovered evidence that I hope means that the Court of Appeal will finally clear my name after spending more than 17 years in prison for a crime I did not commit.”

Mr Malkinson had previously applied to the CCRC twice before, but the first application in 2009 was made at a time before modern DNA evidence was available. The first review also concluded prior to the matching profile being added to the DNA database, CCRC said.

The second application was made in 2018 and concentrated on issues concerning the identification witness.

In April 2021, Mr Malkinson’s representatives from Appeal approached the CCRC with new DNA evidence. The new evidence obtained by the CCRC enabled a search of the DNA database to be carried out.

Although this new evidence does not prove that the man on the DNA database committed these offences, the CCRC has passed it onto Greater Manchester Police for them to consider further.

CCRC Chairman Helen Pitcher OBE said: “This referral highlights the importance of the CCRC to our criminal justice system. New evidence can come to light years after a conviction, and in this case years after our first review of Mr Malkinson’s application.

“In the ever-changing world of forensic science, it is crucial that there is an independent body who can undertake these enquiries and send cases of concern back to court.

“Following Mr Malkinson’s application, we used our special powers and expertise to re-examine this case, instructing experts to undertake state of the art DNA testing.

“The new results raise concerns about the safety of these serious convictions. It is now for the Court of Appeal to decide whether they should be quashed.”

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.”

She added: “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.”


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