A man who spent 17 years in prison after being convicted of rape could have his conviction quashed after new DNA evidence has been found
Andrew Malkinson was sentenced to life imprisonment after being convicted of rape in 2004. After spending 17 years in custody, he was released from prison in December 2020, on licence.
As a result of scientific developments, experts instructed by the Criminal Cases Review Commission (CCRC)have now obtained a DNA profile on the victim’s clothing which matched another man on the National DNA Database.
In light of this, the CCRC has decided that there is a real possibility that the Court of Appeal will quash Mr Malkinson’s convictions.
Mr Malkinson had previously applied to the CCRC twice before, but the first application was made at a time before modern DNA evidence was available and the second concentrated on issues concerning the identification witnesses.
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.”
The victim in this case was attacked whilst walking home alone in the early hours of 19 July 2003. There was no DNA or other forensic evidence linking Mr Malkinson to the crime and the prosecution case relied mainly on identification evidence.
Following a trial at Manchester (Crown Square) Crown Court, Mr Malkinson was convicted, by majority verdict, on 10 February 2004.
In April 2021, Mr Malkinson’s representatives from APPEAL approached the CCRC with new DNA evidence. In consultation with experts, the CCRC devised a comprehensive forensic strategy to obtain the best possible evidence using modern DNA techniques.
The new evidence obtained by the CCRC has improved upon the results obtained previously, enabling a search of the DNA database to be carried out.
The new DNA evidence found by the CCRC does not prove that the man on the DNA database committed these or any offences. The CCRC has, however, passed the new DNA evidence to Greater Manchester Police for them to consider further.
