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.
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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.
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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
— APPEAL @we-are-appeal.bsky.social (@we_are_APPEAL) January 24, 2023
“I am innocent,” Mr Malkinson questioned in a statement provided by his legal representatives.
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“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.
— APPEAL @we-are-appeal.bsky.social (@we_are_APPEAL) January 24, 2023
“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.
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“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.”
NHS says it’s battling with ‘worst case scenario’ as flu cases surge nationwide
Emily Sergeant
Flu hospitalisations have surged by more than half in just one week, plunging the NHS into the ‘worst case scenario’.
Shocking new figures have revealed that an nn average of 2,660 patients per day were in a hospital bed with flu last week, which is the highest-ever for this time of year and up 55% up on last week – which, when put into perspective, means there are enough flu patients each day to fill more than three whole hospital trusts.
NHS bosses have warned that the total has already increased sharply since the week covered by the data, and at this time, there is thought to be no ‘peak’ in sight.
These new figures come as demand for A&Es and ambulance services are already soaring.
The number of patients in hospital with flu has risen by over 50% in the last week, reaching a record number for this time of year – and numbers continue to grow.
New monthly figures showed that A&E attendances were a record for November at 2.35 million and more than 30,000 higher than November 2024, while there were 48,814 more ambulance incidents compared to last year.
The record-breaking demand also comes just ahead of thousands of resident doctors going on strike this week from 17-22 December – with ‘major disruption’ expected for patients ahead of Christmas.
The public are advised to attend any planned appointments scheduled during the strikes, unless they have been contacted to reschedule.
Primary and urgent and emergency care services will continue to be available for those who need them, during the industrial action.
NHS says it’s battling with the ‘worst case scenario’ as flu cases surge nationwide / Credit: Pxhere
The public should use 111 online as their first port of call for urgent but not life-threatening issues so that they can be directed to the best place for their needs, while patients who need emergency medical care should continue to use 999 or come forward to A&E as normal.
“With record demand for A&E and ambulances and an impending resident doctors strike, this unprecedented wave of super flu is leaving the NHS facing a worst-case scenario for this time of year – with staff being pushed to the limit to keep providing the best possible care for patients,” commented Professor Meghana Pandit, who is the NHS National Medical Director.
“Even worse, it continues to rise and the peak is not in sight yet, so the NHS faces an extremely challenging few weeks ahead.
“We have prepared earlier for winter than ever before, and stress-tested services to ensure people have a range of ways to get the help they need and avoid needing to go to A&E.”
Health Secretary Wes Streeting described the flu surge as a ‘tidal wave’.
“We are working with the NHS to make sure it is able to cope with this as best as possible,” he concluded.
Featured Image – Stephen Andrews (via Unsplash)
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Erling Haaland dresses up as Santa and hands out Christmas presents in Greater Manchester
Danny Jones
Manchester City star Erling Haaland has doubled as Father Christmas in his latest YouTube stunt, dressing up as Santa and handing out presents to local kids in the new episode.
We’re starting to think he might be one of the most likeable footballers on the planet right now.
The Norwegian footballer recently surpassed Alan Shearer’s ‘fastest to 100 goals record’ in the Premier League and has been well and truly back to his best as Man City continue to rediscover their form, but the big blonde number nine has been delighting both on and off the pitch of late.
For starters, even before any of the season’s givings began, we got the giggle just from our first glimpse of the thumbnail.
Yes, Haaland definitely has a habit of leaning into the humorous side of his celebrity status, having already dressed up as the Joker for Halloween in one of the first episodes published on his still relatively new YouTube channel.
However, the 25-year-old got up to some more heartwarming activities this time around, swapping the face paint, green wig and stripey suit for a red coat, hat, some little glasses and a big white beard.
With the video itself showing him getting into character and loading his car with a sack full of presents, he then goes on to visit multiple houses to dish out the surprise gifts.
While the title and description state that he drove around the streets of 0161, it’s hard to tell where exactly he went, but we’d guess it was more around Alderley Edge and/or the Cheshire side of the Greater Manchester borders.
One particular interaction between the disguised Blue and a young Red certainly produced a harmless little bit of comedy…
Either way, on the whole, this particular instalment was more wholesome than it was funny, and it’s always nice to see sports personalities and famous people spreading kindness.
Obviously, not everyone can afford to be as generous as a Premier League and world-famous international athlete, but it’s nevertheless a nice touch.
Emily Sergeant -
26th January 2023 
