New DNA sparks appeal hope for Salford rape conviction

A man who spent 17 years in jail for a rape he says he did not commit has had his convictions referred to the Court of Appeal following new DNA evidence.

Andrew Malkinson, from Grimsby, was convicted in 2004 of strangling and raping a woman in Greater Manchester.

The now 57-year-old said he "finally has the chance to prove his innocence".

The Criminal Cases Review Commission (CCRC) has sent his file to the Court of Appeal after a "breakthrough" in evidence and a new potential suspect.

The victim, who had been walking home alone in the early hours of 19 July 2003 in Little Hulton, Salford, was sexually assaulted after being throttled until she was unconscious.

She also suffered a broken neck and a fractured cheekbone in the attack.

There was no DNA or other forensic evidence linking Malkinson to the crime, however, and the prosecution case relied mainly on identification evidence.

Following a trial at Manchester Crown Court, he was convicted by majority verdict in February 2004 and jailed for life.

Malkinson was released from prison in December 2020 on licence and has always maintained his innocence, insisting it was a case of mistaken identity.

He twice had applications to the CCRC rejected.

The CCRC said new tests on the victim's clothing had revealed a match to another man on the national DNA database.

In light of new information, Greater Manchester Police (GMP) confirmed last month it had arrested a 48-year-old man from Exeter on suspicion of rape. He has since been released under investigation.

CCRC chairwoman Helen Pitcher said: "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.

"New evidence can come to light years after a conviction.

"In the ever-changing world of forensic science, it is crucial an independent body 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 CCRC also stressed the new DNA evidence did not prove the man on the database had committed any offences.

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. Yesterday I turned 57 years old. How much longer will it take?"

The charity, which submitted new DNA evidence to the CCRC in April 2021, said the new DNA analysis had only been possible because samples had been kept by the government-owned company Forensic Archive Ltd.

It accused GMP of having destroyed or lost exhibits.

GMP said it would continue to assist the CCRC's review.

When his lawyers first confirmed the DNA discovery, Malkinson told The Guardian: "My life is on hold until I can overturn the conviction. I can't get a decent job. I'm having to scrape by on the scraps of minimum-wage jobs that nobody really wants."

Appeal said it was a "huge but long overdue step on the path to justice for Andy".

Director Emily Bolton said: "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."

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