Investigation launched into handling of Andrew Malkinson case after wrongful rape conviction

13 September 2023, 21:15

Andrew Malkinson spent 17 years in prison for a rape he did not commit
Andrew Malkinson spent 17 years in prison for a rape he did not commit. Picture: Alamy
Kieran Kelly

By Kieran Kelly

An investigation into the handling of Andrew Malkinson's wrongful rape conviction has been launched by the police watchdog.

Listen to this article

Loading audio...

Mr Malkinson, who served 17 years in jail for a rape he did not commit, had his 2003 conviction quashed by the Court of Appeal in July, after new DNA evidence potentially linking another man to the crime was identified.

An investigation will look into allegations Greater Manchester Police (GMP) failed to keep evidence and then failed to reveal information relating to two witnesses who gave evidence at the trial, the Independent Office for Police Conduct (IOPC) said.

Reacting to the announcement, Mr Malkinson said he hoped the IOPC would "take the opportunity to root out the corruption plaguing GMP, and to hold individual officers accountable for the tremendous suffering they have caused".

Andrew Malkinson
Andrew Malkinson. Picture: Alamy

IOPC director of operations Amanda Rowe said the watchdog would ensure there is "thorough scrutiny of the actions of police involved".

The IOPC review highlighted "significant issues with GMP's investigation into the complaints and identified several outstanding lines of inquiry".

The IOPC has ruled the complaints "were not dealt with in a reasonable and proportionate matter" by GMP, and will carry out further investigation itself.

Read More: Police knew another man's DNA was on clothes of rape victim 13 years before wrongly jailed Andrew Malkinson was released

Read More: Top lawyer blasts Andrew Malkinson rape case as the 'worst miscarriage of justice of the 21st century'

IOPC director of operations Amanda Rowe said: "My thoughts are with Mr Malkinson, who has suffered greatly as a result of one of the worst miscarriages of justice in British legal history.

"Given our concerns over GMP's handling of the complaints - and the significant public interest in a case that led to a man spending 17 years in jail for a crime he didn't commit - our involvement will ensure there is thorough scrutiny of the actions of police involved."

Tom Swarbrick speaks to Andrew Malkinson after his rape conviction was quashed after 20-year fight

It comes after the Justice Secretary Alex Chalk ordered an independent public inquiry into the circumstances and handling of Andrew Malkinson's case.

Case files obtained by 57-year-old Mr Malkinson as he battled to be freed show that police and prosecutors knew forensic testing in 2007 had identified a searchable male DNA profile on the rape victim's vest top that did not match his own.

No match was found on the police database at the time and no further action was taken.

Speaking to LBC after his conviction was quashed, Mr Malkinson described his experience inside prison as "worse than hell", saying he had been "tortured".

Speaking to LBC's Tom Swarbrick, Mr Malkinson dispelled the "myth" that everyone inside jail thinks they're innocent.But regardless of whether one is guilty or innocent, Mr Malkinson described his experience inside jail as "worse than hell".

"One guy said to me 'you must be really suffering because this is hell even if you’re guilty…it’s not true that everyone says they’re innocent," he said.

“It did pretty much consume me almost all of my waking, conscious life," Mr Malkinson said.

"No person should ever go to prison for one day but for years and years on end is utter psychological torture" he added.

More Latest News

See more More Latest News

Putin's Cod War

Putin's cod war: Russia tears up treaty that allowed UK trawlers to catch fish in Russian sea

MPs walk out of the Commons chamber in protest

SNP and Conservative MPs walk out of Commons chamber in protest in chaotic scenes at Gaza debate

James Biden, the brother of US President Joe Biden

James Biden says his brother had no involvement in family’s business dealings

King Charles pictured back at work as he says messages of support after cancer diagnosis ‘reduced him to tears’

King Charles pictured back at work as he says messages of support after cancer diagnosis ‘reduced him to tears’

Poland farmers protesting

Zelensky invites Polish leaders to border as farmers’ protest hits weapons flow

Members of The Eagles, from left, Timothy B Schmit, Don Henley, Glenn Frey and Joe Walsh

Criminal case over handwritten lyrics to Hotel California goes to trial

Lyle's Golden Syrup has defended the rebrand

Lyle’s Golden Syrup hits back at critics after major rebrand 'aims to appeal to Gen Z'

Snow in Northumbria, and flooding in Worcestershire on February 8, earlier this month

Exact time snow could fall tomorrow as Met Office warns of flooding across south-east causing potential travel chaos

The Office UK cast

The Office: Where are the stars of the hit sitcom now?

Two men look at flames after a natural gas pipeline explodes outside the city of Boroujen in Iran (Reza Kamali Dehkordi/AP)

Iran accuses Israel of attack that saw explosions strike natural gas pipeline

Intuitive Machines’ lunar lander separating from the rocket’s upper stage and heading towards the Moon

Private US spacecraft enters orbit around the Moon before landing attempt

Chelsea Orrock

Beautician, 29, leaves mum scarred after smashing wine glass in her face for pointing out they dated same man

Robin Windsor died aged 44.

Robin Windsor had spoken ‘very openly’ about struggles with mental health before death, former co-star says

Xielo Maruziva fell into the water on Sunday afternoon

Pictured in his Spider-Man outfit: Boy, 2, who fell into river as parents tell of heartbreaking search for their son

People enjoy the beach in the late afternoon sun, December 23, 2022, in Fort Lauderdale, Florida

Young girl dies after deep 6ft hole she was digging in sand collapses on her at South Florida beach

Cliff Mitchell has been found guilty of multiple counts of rape, including three counts against a child under the age of 13.

How rapist cop who was recruited to the Met after a failed investigation went on to attack women at knifepoint