Briton wrongly jailed for 17 years walks free after appeal overturns rape conviction
Andrew Malkinson, who served 17 years in prison for a rape he did not commit, outside the Royal Courts of Justice in London
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A man who was wrongly jailed for 17 years has finally walked free after an appeal overturned his rape conviction.
Andrew Malkinson, 57, originally from Grimsby, was imprisoned for life with a minimum term of seven years after being mistakenly found guilty of attacking a 33-year-old mother-of-two in July 2003.
He was forced to serve out 17-years behind bars at HMP Frankland after repeatedly pleading his innocence.
Malkinson’s case was sent to the Court of Appeal in January after new evidence pointed to another potential suspect.
Andrew Malkinson who served 17 years in prison for a rape he did not commit, with his mother Tricia outside the Royal Courts of Justice in London
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Greater Manchester Police have arrested the new suspect following fresh DNA analysis.
The 48-year-old suspect from Exeter, known as ‘Mr B’, has been interviewed twice and a file has been sent to the Crown Prosecution Service.
The Court of Appeal also heard how police failed to disclose vital evidence which could have cleared Malkinson at his trial in 2004.
Malkinson addressed the rape victim outside of court.
Greater Manchester Police have apologised to Malkinson
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He said: “Sitting in my cell, I used to rack my brain as to how you could say you were so sure it was me when I knew it was not … I am so sorry that you were attacked and brutalised that night by that man.
“I am not the person who attacked you but what happened to me is not your fault.
“I am so sorry if my fight for truth, as I knew it to be, has caused you extra trauma.
“I am so sorry the system has let you down. It has let us both down.”
Andrew Malkinson (centre) arrives at the Royal Courts of Justice in London, ahead of his hearing at the Court of Appeal over his 2003 rape conviction
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Edward Henry KC, representing Malkinson, told the court: “He spent almost three times the specified sentence in prison because he would not falsely admit an abhorrent crime he did not commit.”
Lord Justice Holroyde, the vice-president of the Court of Appeal criminal division, added: “Mr Malkinson, having waited for so many years, can leave the court a free man with no licence conditions.”
Greater Manchester Police also apologised for Malkinson’s 17-year long sentence.
Assistant Chief Constable Sarah Jackson said in a public statement: "We are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice, in being convicted of a crime he did not commit and serving a 17-year custodial sentence.
“Whilst we hope this outcome gives him a long overdue sense of justice, we acknowledge that it does not return the years he has lost. I have offered to meet with him to personally deliver this apology.”
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