Andrew Malkinson's bid to clear name over rape conviction to be heard by court of appeal
GRANADA
GREATER MANCHESTER
Wednesday 26 July 2023 at 7:39am
Malkinson's case is due to be heard by Lord Justice Holroyde and two other judges.
Credit: PA Images
A man who spent almost two decades in prison for a rape he says he did not commit will have his case heard by the Court of Appeal today.
In 2003, Andrew Malkinson was found guilty of attacking a woman in Greater Manchester.
A year later, the 57-year-old was jailed for life with a minimum term of seven years, but remained in prison for a further 10 because he said he was innocent.
On Wednesday 26 July at 10.30am, three of the most senior judges in England must rule whether to throw out Mr Malkinson's conviction for rape.
It comes after new DNA evidence emerged pointing to another potential suspect.
At the time of the trial, there was no DNA evidence linking Mr Malkinson to the crime and the prosecution case against him was based solely on identification evidence.
His case was referred to the Court of Appeal in January by the Criminal
Cases Review Commission (CCRC), which investigates potential miscarriages
of justice, after the new evidence was discovered.
Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS) confirmed in May that they will not contest Mr Malkinson's appeal, and the court may quash his conviction at today's hearing if it decides it is
unsafe.
The court still has to determine the outcome and scope of the appeal,
despite the lack of resistance.
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."
While his main ground of appeal is new DNA evidence, his lawyers told the court at a preliminary hearing in May that there were photographs of the victim's hands, confirming her evidence that she scratched her attacker and broke a nail, which was not revealed during Mr Malkinson's trial.
They also said there is evidence that one of the key identification
witnesses was a "long-term user of heroin", which may have affected his memory, but that was not known by Mr Malkinson or his legal team at trial.
At the preliminary hearing in May, Edward Henry KC, for Mr Malkinson, 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.
But he said at that time the CCRC "did not consider it tipped the balance towards a referral" to the Court of Appeal.
Yet in October 2022, 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.
Following his release, scientific advancements allowed his legal team 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.
In January Greater Manchester Police confirmed that a man had been arrested and released under investigation in light of the new information, but no decision has been made as to whether he will be charged.
<https://www.itv.com/news/granada/2023-07-26/mans-20-year-journey-to-seek-justice-over-rape-conviction>
On 26/07/2023 09:14 am, Spike wrote:
Andrew Malkinson's bid to clear name over rape conviction to be heard by
court of appeal
GRANADA
GREATER MANCHESTER
Wednesday 26 July 2023 at 7:39am
Malkinson's case is due to be heard by Lord Justice Holroyde and two
other
judges.
Credit: PA Images
A man who spent almost two decades in prison for a rape he says he did
not
commit will have his case heard by the Court of Appeal today.
In 2003, Andrew Malkinson was found guilty of attacking a woman in
Greater
Manchester.
A year later, the 57-year-old was jailed for life with a minimum term of
seven years, but remained in prison for a further 10 because he said
he was
innocent.
On Wednesday 26 July at 10.30am, three of the most senior judges in
England
must rule whether to throw out Mr Malkinson's conviction for rape.
It comes after new DNA evidence emerged pointing to another potential
suspect.
At the time of the trial, there was no DNA evidence linking Mr
Malkinson to
the crime and the prosecution case against him was based solely on
identification evidence.
His case was referred to the Court of Appeal in January by the Criminal
Cases Review Commission (CCRC), which investigates potential miscarriages
of justice, after the new evidence was discovered.
Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS)
confirmed in May that they will not contest Mr Malkinson's appeal, and
the
court may quash his conviction at today's hearing if it decides it is
unsafe.
The court still has to determine the outcome and scope of the appeal,
despite the lack of resistance.
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."
While his main ground of appeal is new DNA evidence, his lawyers told the
court at a preliminary hearing in May that there were photographs of the
victim's hands, confirming her evidence that she scratched her
attacker and
broke a nail, which was not revealed during Mr Malkinson's trial.
They also said there is evidence that one of the key identification
witnesses was a "long-term user of heroin", which may have affected his
memory, but that was not known by Mr Malkinson or his legal team at
trial.
At the preliminary hearing in May, Edward Henry KC, for Mr Malkinson,
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.
But he said at that time the CCRC "did not consider it tipped the balance
towards a referral" to the Court of Appeal.
Yet in October 2022, 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.
Following his release, scientific advancements allowed his legal team 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.
In January Greater Manchester Police confirmed that a man had been
arrested
and released under investigation in light of the new information, but no
decision has been made as to whether he will be charged.
<https://www.itv.com/news/granada/2023-07-26/mans-20-year-journey-to-seek-justice-over-rape-conviction>
"In January Greater Manchester Police confirmed that a man had been
arrested and released under investigation in light of the new
information, but no decision has been made as to whether he will be
charged."
On the basis that a conviction is only sound if it is beyond *any*
reasonable doubt, that fact alone must lead to a successful appeal.
On 26/07/2023 03:17 pm, JNugent wrote:[ ... ]
On 26/07/2023 09:14 am, Spike wrote:
Andrew Malkinson's bid to clear name over rape conviction to be heard by >>> court of appeal
Wednesday 26 July 2023 at 7:39am
Malkinson's case is due to be heard by Lord Justice Holroyde and two
other judges.
A man who spent almost two decades in prison for a rape he says he
did not commit will have his case heard by the Court of Appeal today.
In 2003, Andrew Malkinson was found guilty of attacking a woman in
Greater Manchester.
In January Greater Manchester Police confirmed that a man had been
arrested and released under investigation in light of the new
information, but no decision has been made as to whether he will be
charged.
<https://www.itv.com/news/granada/2023-07-26/mans-20-year-journey-to-seek-justice-over-rape-conviction>
"In January Greater Manchester Police confirmed that a man had been
arrested and released under investigation in light of the new
information, but no decision has been made as to whether he will be
charged."
On the basis that a conviction is only sound if it is beyond *any*
reasonable doubt, that fact alone must lead to a successful appeal.
And as forecast, he's OUT! <https://www.bbc.co.uk/news/uk-england-manchester-66310919>
Let's all hope that for twenty stolen years, he has a nice big compo pot
to look forward to, soonest.
I wonder who'll be the defendant(s)?
The person who swore in court that it was him, or Greater Manchester
Police?
Could be both.
On 26/07/2023 03:17 pm, JNugent wrote:
On 26/07/2023 09:14 am, Spike wrote:
Andrew Malkinson's bid to clear name over rape conviction to be heard by >>> court of appeal
GRANADA
GREATER MANCHESTER
Wednesday 26 July 2023 at 7:39am
Malkinson's case is due to be heard by Lord Justice Holroyde and two
other
judges.
Credit: PA Images
A man who spent almost two decades in prison for a rape he says he did
not
commit will have his case heard by the Court of Appeal today.
In 2003, Andrew Malkinson was found guilty of attacking a woman in
Greater
Manchester.
A year later, the 57-year-old was jailed for life with a minimum term of >>> seven years, but remained in prison for a further 10 because he said
he was
innocent.
On Wednesday 26 July at 10.30am, three of the most senior judges in
England
must rule whether to throw out Mr Malkinson's conviction for rape.
It comes after new DNA evidence emerged pointing to another potential
suspect.
At the time of the trial, there was no DNA evidence linking Mr
Malkinson to
the crime and the prosecution case against him was based solely on
identification evidence.
His case was referred to the Court of Appeal in January by the Criminal
Cases Review Commission (CCRC), which investigates potential miscarriages >>> of justice, after the new evidence was discovered.
Greater Manchester Police (GMP) and the Crown Prosecution Service (CPS)
confirmed in May that they will not contest Mr Malkinson's appeal, and
the
court may quash his conviction at today's hearing if it decides it is
unsafe.
The court still has to determine the outcome and scope of the appeal,
despite the lack of resistance.
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."
While his main ground of appeal is new DNA evidence, his lawyers told the >>> court at a preliminary hearing in May that there were photographs of the >>> victim's hands, confirming her evidence that she scratched her
attacker and
broke a nail, which was not revealed during Mr Malkinson's trial.
They also said there is evidence that one of the key identification
witnesses was a "long-term user of heroin", which may have affected his
memory, but that was not known by Mr Malkinson or his legal team at
trial.
At the preliminary hearing in May, Edward Henry KC, for Mr Malkinson,
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.
But he said at that time the CCRC "did not consider it tipped the balance >>> towards a referral" to the Court of Appeal.
Yet in October 2022, 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.
Following his release, scientific advancements allowed his legal team 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.
In January Greater Manchester Police confirmed that a man had been
arrested
and released under investigation in light of the new information, but no >>> decision has been made as to whether he will be charged.
<https://www.itv.com/news/granada/2023-07-26/mans-20-year-journey-to-seek-justice-over-rape-conviction>
"In January Greater Manchester Police confirmed that a man had been
arrested and released under investigation in light of the new
information, but no decision has been made as to whether he will be
charged."
On the basis that a conviction is only sound if it is beyond *any*
reasonable doubt, that fact alone must lead to a successful appeal.
And as forecast, he's OUT!
<https://www.bbc.co.uk/news/uk-england-manchester-66310919>
Let's all hope that for twenty stolen years, he has a nice big compo pot
to look forward to, soonest.
I wonder who'll be the defendant(s)?
The person who swore in court that it was him, or Greater Manchester Police?
Could be both.
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