Andrew Malkinson Wiki – Andrew Malkinson Biography
Andrew Malkinson was found guilty of the 2003 attack on a woman in Greater Manchester and the following year was jailed for life with a minimum sentence of seven years, but remained in prison for another 10 because he maintained his innocence. A man who served 17 years behind bars for a rape he says he did not commit said clearing his name is “the most important thing” in his life when he appeared before the Court of Appeals.
He spoke outside the Royal Courts of Justice in London on Wednesday following a hearing in his appeal against his conviction, which centers on new DNA evidence that has recently emerged pointing to another possible suspect. Malkinson said it had been 20 years since he was arrested and he hoped the court would reach “the right decision and overturn the conviction”, adding that he “has cost him a lot his life“.
When asked what it would mean to clear his name, he said: “It’s the most important thing in my life, since the day I was convicted.” I come from a strong and honorable family. My father and grandfather were in the military and fought with distinction.
Andrew Malkinson Age
Andrew Malkinson is 57 years old.
Andrew Malkinson says Clearing his name is vital
‘I am proud to be a Malkinson and they have tarnished our name. I could never do what they accused me of, never. “I want the court to find that I am innocent, if they don’t, I will continue to fight.” His appeal is due to be heard in July after three top judges gave instructions at Wednesday’s hearing on how the case should progress.
The case was referred to the court in January by the Criminal Case Review Commission (CCRC), which investigates possible judicial errors after new DNA evidence was discovered. He previously requested that his case be reviewed by the CCRC twice, but was denied and he was eventually released from prison in December 2020.
After his release, advances in scientific techniques allowed his legal team, with support from the legal charity Appeal, to provide a new DNA analysis that cast doubt on his conviction to the CCRC. The body then commissioned its own tests which found that the DNA on the victim’s clothing matched another man in the national police database.
Greater Manchester Police confirmed in January that a man had been arrested and released under investigation in light of the new information, but no decision has yet been made on whether he will be charged.
At Wednesday’s hearing, Edward Henry KC, representing Mr. Malkinson, told the court that the CCRC had known since 2009 that there was ‘crime-specific’ DNA that did not match either Mr. Malkinson or the victim. However, he said at the time that the CCRC “did not consider that it tipped the scales towards a referral” to the Court of Appeal.
However, in October last year, the sample was found to be a partial match to another man, who was ordered by the court to be identified only as ‘Mr. B’, and forensic investigations are ongoing, with a final report due later this month. Henry said that “to this day” no DNA evidence linking Malkinson to the crime has ever been deduced.
The prosecution’s case against him at his trial was based solely on identifying evidence. Addressing the court, Mr. Henry said that despite his first release date being in 2010, Mr. Malkinson was not released until the end of 2020 “because during those many years in prison, which he served for a crime whom we claimed to be completely innocent, he never once admitted that he was responsible for those heinous crimes… he never admitted his guilt.’
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The lawyer added: ‘The only thing left to him was the honor of his family and, in particular, the memory of his grandfather who fought with distinction for this country, and therefore he was not going to admit something that he I hadn’t done’.
He said the case must be handled with “deep urgency”, despite the fact that Mr. Malkinson has been released from jail, adding: “However, it must be recognized that he served more than double his sentence because he protested his innocence, as he had done.” early on, and shortly after his arrest in an interview, he had asked for a DNA test on everything.
Henry said Malkinson “not unreasonably” has “serious concerns about police conduct in this whole matter.” He added: “This is a case where there have been a number of procedural breaches and … abdication of responsibility in relation to the preservation of evidence.”
While his main appeal is fresh DNA evidence, Henry told the court that there were photographs of the victim’s hands, corroborating his evidence that she scratched her attacker and broke a nail, which was not released. at the time of Malkinson’s trial.
He also told the court that there is evidence that one of the key identification witnesses was a ‘long-term heroin user’, which may have affected his memory, but Malkinson or his legal team did not know this. at trial.
Lord Justice Holroyde, sitting with Ms. Justice McGowan and Mr. Justice Holgate, said the Crown Prosecution Service (CPS) has until June 23 to file a response to the appeal or notify Mr. Malkinson that it does not have the intention to oppose.
The judges also said that if CPS wishes to re-interview the victim, most will take place before June 9 and will take place according to a plan given to Mr. Malkinson’s legal team, and will be recorded. The case will return to court sometime in the two weeks after July 17.
The legal charity Appeal said in January that the new DNA analysis was only possible because the samples had been held by the state-owned Forensic Archive Limited, and accused Greater Manchester Police of having destroyed or lost the exhibits.
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