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GMP’s full apology statement to Andrew Malkinson, wrongly jailed for 17 years for rape

'It does not return the years he has lost'

Daisy Jackson - 26th July 2023

Greater Manchester Police has issued a full apology statement to Andrew Malkinson, a man who was jailed for 17 years for a rape he did not commit.

Today, Malkinson’s conviction was overturned after a 20-year-long fight.

The 57-year-old had always maintained that he was innocent of the attack committed in Salford in 2004.

His case was referred to the Court of Appeal in January after new evidence pointed to another potential suspect, and overturned today by Lord Justice Holroyd.

Speaking outside the court, Mr Malkinson said: “People convicted of rape are the lowest of the low. I did not commit the crime, but I was treated as if I did. I spent 17 years on my guard against every threat.

“Seventeen years counting down the minutes to lock up, so I could be behind my door and safe from other prisoners, but not safe from my own mind, imagining I would die there, perhaps murdered.

“But somehow I lived.”

Greater Manchester Police said that they were ‘truly sorry’ to Mr Malkinson, adding an apology to the victim of the crime.

In a statement, the force said: “In this case, the judicial process failed, and the wrong man was convicted.”

GMP’s full statement to Andrew Malkinson, from Assistant Chief Constable Sarah Jackson

“We are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice, in being convicted of a crime he did not commit and serving a 17-year custodial sentence. Whilst we hope this outcome gives him a long overdue sense of justice, we acknowledge that it does not return the years he has lost. I have offered to meet with him to personally deliver this apology.

“We are also profoundly sorry to the victim of this crime, who not only suffered an horrific trauma 20 years ago, but also relived the experience during a criminal trial, and now may endure additional harm caused by learning that the true offender has not yet been brought to justice. We are absolutely committed to following all new lines of enquiry to ensure the right person is held accountable for harming her.

“Whilst this case tragically led to the wrong person being convicted, these instances are thankfully very rare. Following an appeal heard by the Court of Appeal in 2006, and two reviews by the Criminal Cases Review Commission (CCRC), a full and thorough review of the original investigation was carried out by GMP. The force has and will continue to fully cooperate with any further reviews of this case and action will be taken if it is found that anything could have been done differently.

“In the vast majority of cases, the processes our officers follow lead to a case being presented to the CPS whereby the suspect and evidence collected were relevant to the crime committed. The evidence presented by GMP and the CPS at court between 2003-2004 was subject to a full criminal trial before a jury, who ultimately reached the final guilty verdict. Sadly, in this case it is now clear that the wrong person was convicted.

“Due to new forensic evidence, following developments in forensic technologies, there is a live criminal investigation in which a suspect remains on bail. We cannot comment further on that matter at this time.

“We are sorry that in this case, the judicial process failed, and the wrong man was convicted. We are determined to work with our colleagues in the CPS to ensure all new evidence is fully examined and that the person truly responsible is convicted and the victim of this horrific crime receives the justice deserved.”

Featured image: BBC