Too little, too late: UK court scraps rape conviction of man after he spent 17 years in jail

In a landmark decision, a UK court has nullified the rape conviction of a man who spent 17 years behind bars for a crime he did not commit. The overturning of his conviction came after fresh DNA evidence emerged, linking another suspect to the 2003 attack on a woman in Greater Manchester. Andrew Malkinson, now 57 years old, was sentenced to life in prison with a minimum term of seven years based solely on contested eyewitness identification, as no DNA evidence linked him to the crime. Throughout his incarceration, he consistently maintained his innocence. However, it was not until January that his case was brought before the Court of Appeal by the Criminal Cases Review Commission (CCRC) following the discovery of new DNA evidence, pointing to another suspect, referred to as Mr. B, who has since been arrested. The Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS) did not oppose the appeal, leading to the quashing of Mr. Malkinson’s convictions by three senior judges. According to reports, Lord Justice Holroyde declared him “free” and released him from the conditions of his previous conviction. Speaking to media outside the court, Malkinson expressed that he felt “kidnapped by the state” for almost two decades and asserted his innocence repeatedly to the jury, Court of Appeal, and CCRC, but his pleas were not heeded. He criticized the cops who framed charges against him by calling them “liars” and accused them of unlawfully withholding crucial evidence that could have aided his defense. Malkinson’s release from prison in December 2020 did not bring him the freedom he had hoped for, as he remained under tight police and probation supervision, his name on the sex offenders register. With his exoneration finally granted, he lamented his joblessness and homelessness, noting that the impact of wrongful imprisonment had left a “gaping black hole” in his life. He apologized to the victim of the 2003 attack, expressing that while he was not her attacker, he acknowledged that the system had failed them both. His legal team pointed out the wider implications his case could have for the criminal justice system, given the newly uncovered DNA evidence and undisclosed photographs of the victim’s hands, which corroborated her account of the attack. The CCRC acknowledged that the evidence leading to the conviction overturning was only made available years after Malkinson’s trial, emphasizing the need for advancements in scientific techniques to prevent miscarriages of justice. The Great Manchester police confirmed the arrest of the new suspect but has not yet decided whether to press charges. The police force and CPS issued apologies to Malkinson for the grave miscarriage of justice he endured for nearly two decades. GMP also extended their regrets to the victim for the additional harm caused by the delayed identification of the true offender. This case serves as a powerful reminder of the importance of unbiased and thorough investigations, as well as the necessity of ensuring access to the most advanced scientific methods in the pursuit of justice.