Salford rape: Andrew Malkinson's step forward in appeal

A man jailed for a rape he says he did not commit has described the "catastrophic effect" it has had on his life as evidence was submitted towards an appeal he hopes will clear his name.

Andrew Malkinson, originally of Grimsby, was convicted of strangling and raping a woman in Salford in 2003.

Last month the Criminal Cases Review Commission sent his file to the Court of Appeal with "breakthrough" evidence.

Malkinson said his conviction has caused him "real misery" for 20 years.

The victim, who had been walking home in the early hours of 19 July 2003 in Cleggs Lane, Little Hulton, was sexually assaulted after being throttled until she was unconscious and suffered a broken neck and a fractured cheekbone.

Malkinson, 57, said he believed he was also a victim of the attack two decades ago.

"There is no such happiness in those 20 years, just misery - I mean real, abject misery," he said.

"It has been extremely catastrophic to my life."

Malkinson, who was 37 at the time, had just moved to the area and was working as a security guard when he was arrested two weeks after the incident.

"My DNA couldn't possibly be there because I had never been near the victim so I assumed that would be the end of," he said.

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

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

He was originally sentenced to seven years for rape but spent a further 10 years behind bars for refusing to recognise the guilty verdict.

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

Working with the legal charity Appeal, he was able to get new DNA testing done on the clothing the victim was wearing on the night of the attack.

The CCRC sent his file to the Court of Appeal after the "breakthrough" in evidence and a new potential suspect.

Appeal said it had submitted grounds of appeal on Malkinson's behalf to the Royal Courts of Justice.

"That is the first step on the road to Andy getting a hearing," Emily Bolton from Appeal said.

Greater Manchester Police said it would continue to assist and co-operate with the CCRC's review of the case and said a full forensic review was taking place following the discovery of new DNA evidence.

A 48-year-old man from Exeter arrested on suspicion of rape has since been released under investigation.

Why not follow BBC North West on Facebook, Twitter and Instagram? You can also send story ideas to [email protected]