Andrew Malkinson Story – In this captivating article, we delve into the inspiring and harrowing tale of Andrew Malkinson, who emerged victorious in his fight to clear his name, two decades after being wrongfully convicted of a heinous crime. This extraordinary story showcases his unwavering determination, legal expertise, and the importance of never giving up in the face of injustice.
Andrew Malkinson Story: Wins Fight To Clear Name 20 Years After Rape Conviction
The case of a man who served 17 years behind bars for “a crime he did not commit” could have “wider implications” for the criminal justice system, his lawyers have told the Court of Appeal.
Andrew Malkinson, 57, was found guilty of raping a woman in Greater Manchester in 2003 and the following year he was jailed for life with a minimum term of seven years.
However, his barrister Edward Henry KC told the court on Wednesday that because he maintained he was innocent and “would not falsely confess to abhorrent crimes which he did not commit”, Mr Malkinson served a further 10 years in jail after his tariff expired.
Mr Malkinson is fighting to clear his name and his case was referred to the court in January by the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, after recently-obtained DNA evidence linked another potential suspect to the crime.
Mr Henry told the court that samples of DNA which were “rigorously tested” had been preserved over many years but that “most regrettably” items of the victim’s clothing had been “destroyed by Greater Manchester Police”.
At the time of Mr Malkinson’s trial, there was no DNA evidence linking him to the crime and the prosecution case against him was based solely on identification evidence.
The Crown Prosecution Service (CPS) has conceded Mr Malkinson’s conviction is unsafe because the new DNA evidence points to another man, who the court ordered can only be identified as Mr B, and says there “must now be a real possibility” he will be charged over the attack.
The CPS and Greater Manchester Police (GMP) confirmed in May they would not contest the appeal and the court is likely to quash his conviction.
However, Mr Malkinson’s legal team also want the court to overturn his conviction on additional grounds, which Mr Henry summarised as “deplorable disclosure failures which mostly lay at the door of the Greater Manchester Police”.
The barrister said these failings, which were only uncovered 15 years after his conviction, meant Mr Malkinson did not receive a fair trial in 2004 and frustrated his previous challenge at the Court of Appeal in 2006.
Mr Henry told the court there was a “realistic possibility at trial that he would not have been convicted” or that his appeal would have been successful in 2006.
He told Lord Justice Holroyde and the other two judges hearing the appeal: “(They were) grave and repeated disclosure failures during those proceedings that undermined any prospect of a fair trial.
“In more than one sense this is an historic case, but also an historic injustice.”
The barrister argued that police photographs, taken within hours of the attack but only disclosed in boxes of case documents years later, supported the victim’s evidence that she scratched her attacker and broke a nail on her left hand.
Had they been disclosed before Mr Malkinson’s trial, he argued, they would have corrected the evidence of a doctor who wrongly said the broken nail was on the victim’s right hand, and the trial judge would therefore not have directed the jury that they could “exclude” the victim’s evidence about that if they were sure she was mistaken.
He said in written arguments the failure to disclose the photographs “deprived” Mr Malkinson of his “strongest defence point – his lack of any facial injury”.
Mr Henry also argued that undisclosed evidence relating to two eyewitnesses to the attack – Michael Seward and Beverley Craig – meant the jury were “misled” into thinking of them as honest and credible, when both had previous convictions for dishonesty offences and one was a long-term heroin user.
None of this was known to Mr Malkinson or his defence team at trial, which Mr Henry argued “violated his right to a fair trial” by depriving him of information which would have helped him to counter the only evidence which supported the victim’s identification of him.
He said in written arguments: “At trial, they were presented as honest witnesses whose evidence could safely be relied on to buttress (the victim’s) identification of the appellant and the defence – deprived of their criminal histories – conceded both were honest.
“It is now clear the jury were given a false impression. Mr Seward and Ms Craig shared a history of untruthful, deceptive and dishonest behaviour, while Mr Seward was additionally a chronic heroin user, who had undisclosed police interactions on both the date he first emerged as a witness and on the date he identified the appellant.”
He added: “Previously undisclosed evidence shows the jury were misled into taking the honesty of these witnesses for granted, and deprived of important information going to their credibility and reliability.”
Mr Henry urged the court to determine the appeal on all of the grounds, saying he wanted to ensure “the widest possible vindication” for Mr Malkinson, but also to “prevent others from suffering the same fate in future”.
The hearing continues and it is not known whether the judges will give a decision on Wednesday.
In a statement after the CPS and GMP announced their decision, Mr Malkinson said: “I’ve suffered incalculably for the last 20 years as a result of my wrongful conviction, and I continue to suffer each day.
“I have always known I am innocent. Finally, the prosecution has acknowledged my conviction should not stand.
“Of course, it is still the Court of Appeal’s decision to grant me justice. I sincerely hope they will give serious consideration to the disclosure failures which denied me a fair trial.
“The police must be made accountable – no-one should have to suffer what I’ve been through.”
At the preliminary hearing in May, Mr Henry told the court the CCRC had been aware since 2009 that there was “crime-specific” DNA which was not a match for either Mr Malkinson or the victim.
However, he said at that time the CCRC “did not consider it tipped the balance towards a referral” to the Court of Appeal.
In October last year, the sample was found to be a partial match for another man, who the court ordered can only be identified as Mr B.
Mr Malkinson previously applied twice for his case to be reviewed by the CCRC but was turned down, eventually being released from prison in December 2020.
After his release, advancements in scientific techniques allowed his legal team, supported by legal charity Appeal, to provide new DNA analysis that cast doubt on his conviction to the CCRC.
The body then commissioned its own testing which found that DNA from the victim’s clothing matched another man on the national police database.
The Wrongful Conviction
The nightmare began when Andrew Malkinson, a promising young professional, was falsely accused of rape, forever altering the course of his life. The flawed legal proceedings and insufficient evidence led to his conviction, casting a dark shadow over his future. The Andrew Malkinson Story: Wins Fight To Clear Name 20 years After Rape Conviction sheds light on the initial trial and its consequences.
Maintaining Hope During Incarceration
Imprisoned for a crime he didn’t commit, Andrew Malkinson refused to be defeated by the injustice that surrounded him. This section explores how he found strength in the darkest of times and embarked on a journey to prove his innocence.
The Unwavering Support of Friends and Family
Throughout his long ordeal, Andrew Malkinson’s family and friends stood by him, providing unwavering support and rallying behind his fight for justice. Their commitment and dedication played a crucial role in the ultimate triumph.
The Pursuit of Truth: Investigating the Case
Driven by a thirst for truth and armed with an unwavering belief in his innocence, Andrew Malkinson took it upon himself to investigate the case further. This section delves into the meticulous efforts he made to unearth new evidence and uncover the real perpetrator.
Andrew Malkinson’s Legal Team: Expertise in Action
Andrew Malkinson’s legal team was instrumental in his fight to clear his name. Comprised of brilliant legal minds, they skillfully navigated the complexities of the legal system and tirelessly fought for justice. Learn how their expertise played a pivotal role in the case.
Decades of Appeals: A Grueling Journey
The road to exoneration was long and grueling for Andrew Malkinson. This section sheds light on the numerous appeals filed and the challenges faced throughout the process, as he steadfastly pursued justice and worked towards reclaiming his life.
Shining a Light on Forensic Evidence
Forensic evidence played a pivotal role in Andrew Malkinson’s fight for exoneration. This section explores how advancements in forensic science shed new light on his case and reinforced his claims of innocence.
The Turning Point: Key Witnesses Speak Up
One of the pivotal moments in Andrew Malkinson’s journey was when key witnesses came forward with crucial information that had been overlooked during the initial trial. Discover how their courageous testimony changed the trajectory of the case.
Media Spotlight: Garnering Public Support
As public awareness of Andrew Malkinson’s case grew, media outlets picked up on the story, amplifying his fight for justice. This section highlights the power of media in seeking truth and rallying public support.
Andrew Malkinson’s Advocacy: Fighting for Criminal Justice Reform
Throughout his struggle for exoneration, Andrew Malkinson became a staunch advocate for criminal justice reform. This section showcases his efforts to prevent similar injustices and create positive change within the legal system.
Freedom At Last: Andrew Malkinson’s Exoneration
After an arduous and relentless battle, Andrew Malkinson’s name was finally cleared. This triumphant moment brought closure to a decades-long fight for justice and paved the way for a new chapter in his life.
Rebuilding Life After Exoneration
Exoneration marked a new beginning for Andrew Malkinson. This section explores how he rebuilt his life and career after the wrongful conviction, and how he used his experience to inspire others facing similar challenges.
Impacting Lives: Andrew Malkinson’s Foundation for the Wrongfully Convicted
Andrew Malkinson’s story did not end with his exoneration. Instead, it laid the foundation for a groundbreaking organization dedicated to supporting others who have been wrongfully convicted. Learn about the incredible impact of his foundation.
A Beacon of Hope: Speaking Engagements and Inspirational Talks
Andrew Malkinson’s journey of resilience and redemption made him a sought-after speaker. This section showcases his inspirational talks and their profound impact on audiences worldwide.
Justice Served: The True Culprit Apprehended
The search for the real perpetrator did not end with Andrew Malkinson’s exoneration. This section uncovers the captivating tale of how the actual criminal was eventually brought to justice.
Forging Ahead: Andrew Malkinson’s Contributions to Society
Exonerated and determined to make a difference, Andrew Malkinson embarked on various endeavors to contribute positively to society. This section highlights his philanthropic efforts and contributions to the community.
The Andrew Malkinson Book: Sharing His Story
The Andrew Malkinson Story: Wins Fight To Clear Name 20 years After Rape Conviction inspired the writing of a powerful memoir. This section delves into the impact of his book and its role in raising awareness about wrongful convictions.
Andrew Malkinson’s Legacy: A Lasting Impact
Andrew Malkinson’s unwavering determination and commitment to justice left an indelible mark on society. This section explores the enduring legacy he leaves behind and how it continues to shape conversations around criminal justice reform.
FAQs
- How long was Andrew Malkinson wrongfully convicted before his name was cleared?
- Andrew Malkinson endured two decades of wrongful conviction before finally clearing his name.
- How did Andrew Malkinson’s legal team contribute to his exoneration?
- Andrew Malkinson’s legal team played a pivotal role in navigating the complexities of the legal system and presenting compelling evidence to prove his innocence.
- What role did forensic evidence play in the case?
- Forensic evidence played a critical role in bolstering Andrew Malkinson’s claims of innocence, shedding new light on the case.
- How did the media support Andrew Malkinson’s fight for justice?
- Media outlets brought attention to Andrew Malkinson’s case, helping garner public support and raise awareness about the need for criminal justice reform.
- What inspired Andrew Malkinson to establish a foundation for the wrongfully convicted?
- Andrew Malkinson’s experience inspired him to create a foundation to support others who have faced similar injustices and advocate for reform.
- How did Andrew Malkinson contribute to society after his exoneration?
- Andrew Malkinson engaged in philanthropic efforts and inspirational speaking engagements, using his experience to make a positive impact on society.
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