A man who spent 17 years in prison for a rape he has continued to claim he did not commit has now been granted a fresh appeal after DNA was linked to an alternative suspect.
57-year-old Andrew Malkinson from Grimsby was convicted by a jury verdict of 10-2 of strangling and raping a woman in Little Hulton in Salford back in 2003, and was jailed for life following a trial at Manchester Crown Court in February 2004.
The victim – who had been walking home alone in the early hours of 19 July 2003 – was sexually assaulted after being throttled until the point of unconsciousness, and also suffered a broken neck and a fractured cheekbone during the attack.
There was no DNA or other forensic evidence linking Mr Malkinson to the crime at the time, and the prosecution case relied mainly on identification evidence from eyewitnesses.
This is why he has always maintained his innocence and insisted it was a case of mistaken identity.
New DNA evidence could clear ‘innocent’ man who spent 17 years in prison for Salford rape / Credit: APPEAL
Mr Malkinson had twice been refused an appeal in the past after applying for his case to be reviewed by the Criminal Cases Review Commission (CCRC) – which is the body responsible for investigating alleged miscarriages of justice – but after being released on license from prison back in 2020, scientific techniques have advanced, and this has potentially lead to some new evidence.
The legal team at the charity APPEAL was able to commission new DNA testing that revealed the presence of unknown male DNA in samples taken from the victim and her clothing, and this “breakthrough” has therefore cast doubt on Mr Malkinson’s conviction.
APPEAL Director Emily Bolton said “the battle for justice is not yet over”, adding that the CCRC “will now form its own view of the fresh evidence and we hope they will agree that Andy’s conviction cannot now be regarded as safe.”
Mr Malkinson says he “finally has the chance to prove his innocence”.
“I am innocent. Finally, I have the chance to prove it. I only have one life and so far 20 years of it has been stolen from me. Yesterday I turned 57 years old. How much longer will it take?” – Andy on his CCRC referral decision
“I am innocent,” Mr Malkinson questioned in a statement provided by his legal representatives.
“Finally, I have the chance to prove it thanks to the perseverance of my legal team at APPEAL. I only have one life and so far 20 years of it has been stolen from me. Yesterday I turned 57 years old. How much longer will it take?”
As well as the case having being referred back to the CCRC this week, in light of new information, Greater Manchester Police (GMP) confirmed last month that it had arrested a 48-year-old man from Exeter on suspicion of rape, but he has since been released under investigation.
Addressing Mr Malkinson’s case, CCRC chairwoman Helen Pitcher said: “The new results raise concerns about the safety of these serious convictions.
“It is now for the Court of Appeal to decide whether they should be quashed.
Our client Andy Malkinson, who spent more than 17 years in prison maintaining his innocence, is at last given the chance to clear his name.
“New evidence can come to light years after a conviction, and in the ever-changing world of forensic science, it is crucial an independent body can undertake these enquiries and send cases of concern back to court.
“Following Mr Malkinson’s application, we used our special powers and expertise to re-examine this case, instructing experts to undertake state-of-the-art DNA testing.”
Tatton Park makes decision to temporarily close gate after visitor is attacked by rutting deer
Emily Sergeant
Tatton Park has made the decision to temporarily close one of its gates after a member of the public following a ‘recent change in deer activity’.
It comes after ‘a couple of injuries’ despite warnings and a large amount of signage across the park.
The decision to close the Knutsford gate had to be taken by Tatton management with input from Cheshire East Council’s health and safety manager, and its director of growth and enterprise, along with ‘expert advice’ from the leading deer vet who works across many deer parks in the UK.
The Knutsford gate will be closed to pedestrians and vehicles ‘until further notice’, but the Dog Wood entrance and the main Rostherne entrance will remain open.
Tatton Park cited a current ‘larger number’ of stags than usual found feeding on fallen acorns near the Knutsford entrance, and an overall ‘recent shift in our deer herd’s behaviour during the rutting season’ as the reason for the gate’s closure in a statement shared to social media this week.
Rutting season – which refers to the autumn deer breeding season, typically from late September to early November in the UK – is when deer herds may exhibit aggression if approached.
“If you come across wild deer whilst visiting, we strongly advise you take an alternative route,” the park said in its statement.
The park’s Operations Team added in a statement, as reported by the MEN: “Despite all warnings, a large amount of signage, staff being on hand to advise people to avoid the deer, and all efforts to try to re-route people and get them to stop approaching the deer, we have unfortunately had a couple of injuries.”
One of the ‘injuries’ referred to was an incident involving 67-year-old man named Rod Savage, who was reportedly hurled up in the air after a large stag suddenly appeared and charged at him with his antlers, puncturing his stomach.
Tatton Park temporarily closes its gate after a visitor is attacked by rutting deer / Credit: Diana Parkhouse (via Unsplash)
The terrifying ordeal happened just 300 yards inside the Knutsford entrance, contributing to the gate’s temporary closure.
Tatton Park has now issued warnings and advice to all future visitors.
People are being told to ‘never walk between the deer’ and ‘never put yourself between deer and a fence’, while always maintaining a safe distance of 50m or more when possible, and ultimately remaining vigilant and fully-aware of your surroundings at all times.
“We’ll be monitoring the situation daily and continue to provide updates,” the park concluded in its statement on social media.
“We apologise for any inconvenience and thank you for your understanding.”
Featured Image – Diana Parkhouse (via Unsplash)
News
Shocking new study reveals that almost 100 people a day are caught drink-driving
Emily Sergeant
Nearly 100 drivers a day in Britain have had ‘drink-drive endorsements’ added to their licences in the past three years, a shocking new study has revealed.
Alarmingly, it’s people between the ages of 25 and 39 that are the most frequently penalised for drink-driving – with around 48,000 drivers in this age bracket being handed endorsements, followed closely by 40,000 drivers aged 40 to 65.
In contrast, only 15,000 drivers aged 17 to 24 were penalised, and a mere 3,000 over-65s received points on their licence between 2022 and 2024.
It’s all according to a study by road safety charity, IAM RoadSmart, using data obtained from the DVLA via a Freedom of Information request.
A shocking new study has revealed that almost 100 people a day are caught drink-driving / Credit: Pexels
Drivers caught over the alcohol limit face automatic licence revocation, potential imprisonment, and unlimited fines, while the endorsement remains on a driving licence for 11 years.
Another shocking revelation from the study is that fatalities linked to drink-driving have climbed over the past decade, peaking in 2022 at the highest level in 13 years – with the RAC saying this trend ‘raises alarms’ about the effectiveness of current road safety measures.
RAC road safety spokesperson Rod Dennis called it ‘completely unacceptable’.
“These disturbing figures show the twin evils of driving under the influence of drink and drugs are behind a frightening number of lives lost on the UK’s roads every year,” he commented.
A third of Brits want police to immediately ban drink drivers at the roadside / Credit – Vladimir Proskurovskiy (via Unsplash)
“A new approach to tackling these repugnant crimes is desperately needed. We hope this will be a key part of the Government’s forthcoming road safety strategy, [as] we’ve consistently been calling for a change in approach when it comes to reducing alcohol-related road deaths, as it’s clear the status quo isn’t working.”
The RAC has been campaigning for courts being given the powers to mandate the fitting of alcohol interlocks (‘alcolocks’) to offenders’ vehicles to prevent them driving drunk again.
It is also ‘supportive’ of the police being given the powers to immediately disqualify any driver who fails a drink or drugs test at the roadside.
Emily Sergeant -
26th January 2023 
