Wrongly imprisoned Andrew Malkinson 'could have been freed a decade earlier', watchdog finds

18 July 2024, 13:38 | Updated: 18 July 2024, 14:06

File photo dated 26/07/23 of Andrew Malkinson. The Criminal Cases Review Commission has offered an 'unreserved apology' for failing Malkinson, who spent 17 years in prison for being wrongly convicted of rape. Issue date: Thursday April 18, 2024.
File photo dated 26/07/23 of Andrew Malkinson. The Criminal Cases Review Commission has offered an 'unreserved apology' for failing Malkinson, who spent 17 years in prison for being wrongly convicted of rape. Issue date: Thursday April 18, 2024. Picture: Alamy

By Danielle de Wolfe

An independent review has found Andrew Malkinson 'could have been freed a decade earlier' after key failings by the agency reviewing his case.

Listen to this article

Loading audio...

The watchdog found a "catalogue of failures" linked to the wrongful conviction of Mr Malkinson, in what is considered one of the most prominent miscarriages of justice in recent times.

Mr Malkinson was accused of raping a woman in Greater Manchester in 2003, subsequently spending 17 years in prison for the crime.

The conviction was based solely on eyewitness evidence and came despite there being no DNA evidence linking him to the crime.

The miscarriage of justice say him wait 20 years to be exonerated by the Criminal Cases Review Commission after he was found guilty and sentenced to life in prison with a minimum of seven years.

Now, the review has found he was completely failed by those reviewing his case, with Mr Malkinson, 58. today pushing for urgent reform of the miscarriages system, as well as the resignation or sacking of current CCRC chairwoman, Helen Pitcher.

London, UK. 26th July 2023. Andrew Malkinson arrives at Royal Courts Of Justice for his appeal to have his 2003 rape conviction quashed.
London, UK. 26th July 2023. Andrew Malkinson arrives at Royal Courts Of Justice for his appeal to have his 2003 rape conviction quashed. Picture: Alamy

The CCRC “obstructed my fight for justice and cost me an extra decade wrongly imprisoned”, Mr Malkinson said following the findings.

Following the findings, Ms Pitcher apologised in a statement after she was unable to be interviewed for "personal reasons".

Andrew Malkinson was eventually proven innocent in after spending 17 years in jail for a rape he did not commit.

He has since said he is now broke and living in a tent as he awaits compensation.

Read more: Andrew Malkinson who spent 17 years in jail for rape he didn't commit now 'broke' and living in a tent

Read more: 'Too little, too late': Andrew Malkinson rejects Criminal Cases Review Commission's apology after being wrongly jailed

Following his conviction, Mr Malkinson continued to plead his innocence right up until the summer of 2003, when his conviction was eventually quashed.

The report found that both the CCRC’s investigators and leaders failed to follow up on key evidence that could have proven Mr Malkinson's innocence right up until 2022.

Royal Courts of Justice, London, UK. 26th July, 2023. Andrew Malkinson, spoke to the media outside the Royal Courts of Justice after the Court of Appeal overturned a rape conviction for which he spent 17 years in jail.
Royal Courts of Justice, London, UK. 26th July, 2023. Andrew Malkinson, spoke to the media outside the Royal Courts of Justice after the Court of Appeal overturned a rape conviction for which he spent 17 years in jail. Picture: Alamy

Three years after he was jailed, new DNA techniques found key evidence from the victim’s clothing pointed to a different, unidentified man being linked to the crime.

Crucial DNA evidence in the case had also been available to test since 2007, however, no match was found on the police database at the time.

The Criminal Cases Review Commission (CCRC) admitted failing Mr Malkinson and offered an "unreserved apology" on Thursday.

Following the findings, Ms Pitcher said it was clear the "commission failed" him, adding: "For this, I am deeply sorry."

But Mr Malkinson branded the apology "too little, too late" as he questioned her sincerity and called on Justice Secretary Alex Chalk to bring in "new leadership" at the CCRC.

More Latest News

See more More Latest News

Julie Goodyear

Julie Goodyear's husband removes rare photo of Coronation Street star after dementia diagnosis amid blacklash

The vehicle was later extinguished after the driver, covered in flames, emerged from the vehicle.

Amsterdam Dam Square car explosion sees driver engulfed in flames - just days after mass stabbing

Kanye West confirms that him and Bianca Censori have split.

Kanye West confirms split from wife Bianca Censori as rapper claims she 'tried to have me committed'

d

Pictured: US tourist arrested for sailing to remote island and leaving a can of Coke for world's most isolated tribe

The female athlete took a knee instead of competing against a transgender athlete in a fencing tournament.

Fencing row erupts as US athlete takes knee instead of competing against transgender athlete

Luton Airport

Luton Airport expansion plans approved by transport secretary despite environmental concerns

police officer uk jacket

Boy, 15, locked up after stabbing girl, 13, with sword and leaving her to die by side of motorway

The UK's charity watchdog has launched a probe into Prince Harry’s Sentebale charity

Prince Harry breaks silence as he attacks 'blatant lies' amid investigation into Sentebale charity

M5 closed in both directions after body found on motorway sparking police investigation

M5 closed in both directions after body found on motorway sparking police investigation

Lucy

Expert panel claims 'no criminal offences committed' in Lucy Letby case after bombshell new report into baby deaths

The Sentinelese are a pre-Neolithic tribe that rejects contact with the modern world

US tourist arrested for sailing to remote island and leaving a can of Coke for the world's most isolated tribe to try

Full runners and riders confirmed for Saturday's Grand National

Grand National 2025 runners and riders confirmed as full 34-horse line-up revealed

Exclusive
Sophie Bannister and April-Levi Whalley have posted celebratory social media posts after dodging jail for drug smuggling

'Can't wait to enjoy our summer': Drug smuggling best friends celebrate after avoiding jail time

The Trump administration has been ridiculed after imposing tariffs on uninhabited islands

'No one is safe, not even the penguins': Trump administration ridiculed after imposing tariffs on uninhabited islands

Uriah Rennie is 'learning to walk again'.

Premier League's first black referee, Uriah Rennie, 'learning to walk again' after he was left paralysed

Two people died in the explosion in Newcastle

Drug dealer, 33, admits manslaughter after devastating house explosion in Newcastle left two dead