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.”
The Council is giving Mancs £2,500 to move into a ‘more manageable’ home
Emily Sergeant
The Council is now offering financial help to support people moving into a smaller and ‘more manageable’ property.
Ever heard of ‘rightsizing? Well, according Manchester City Council it’s a process where a tenant in a larger social rent, Council, or Housing Association property, that may have more rooms than they need or perhaps are struggling to manage a big house as they get older, can be supported into a smaller property that better suits their needs.
The benefits of this process include cheaper bills, lower rents, and overall, just homes that are easier to clean and manage.
The aim of it is also to free up larger Council properties for families who are on the housing register – of which there are said to be around 20,000 of them currently at this time, with larger homes having some of the most significant wait times.
Are you struggling to look after a big Council or housing association home? We can help!
We are offering £2,500 to help people move into a smaller more manageable home, freeing up larger homes for families that need them.
It’s also estimated, according to the Council, that a third of all social rented family homes are thought to ‘underoccupied’.
This is why financial support and grants are now being offered.
Last year alone, 109 households were helped to ‘rightsize’ and were supported in the process by a dedicated team of Council officers, as well as benefitting from the Rightsizing Incentive Scheme – with a further 432 households having expressed interest doing so in the future.
Residents interested in ‘rightsizing’ could get a cash incentive of £2,500, which can be spent on anything they like, along with moving costs.
The Council is giving Mancs £2,500 to move into a ‘more manageable’ home / Credit: Benjamin Elliott (via Unsplash)
“Rightsizing could be a brilliant option for older people who are renting a Council home who may have spare rooms they don’t need or would benefit from looking after a smaller property,” explained Cllr Gavin White, who is Manchester City Council’s Executive Member for Housing and Development.
“Often a barrier to moving is the cost, but the Council will take care of the financial burden to help a resident move into a new home.
“The benefit for the city is that we can free up more larger homes for people who are waiting for a property that properly meets their needs. We think around a third of Council tenants could be under occupying their home, which means they could be paying more than they need to or they could be hit with the bedroom tax.”
Does this sound like you? Are you ready to ‘rightsize’? Find out more and begin the process via Manchester City Council’s website here.
Featured Image – Vitaly Gariev (via Unsplash)
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Trailer released for Netflix’s new Lucy Letby documentary with ‘unprecedented access’
Emily Sergeant
The trailer for Netflix’s new documentary about the investigation of Lucy Letby has been released.
The feature-length film about Lucy Letby – the infamous neonatal nurse who was found guilty of murdering seven babies and attempting to murder seven others under her care at the Countess of Chester Hospital – hears for the first time from the police officers who investigated the case that shook the nation.
It features never-before-seen footage of Letby during her arrests and police questioning, and even includes interviews with experts and lawyers on both sides, as well as with the hospital consultants who initially raised the alarm.
Tragically, it also includes an anonymised interview with a mother of one of the victims, who also speaks for the first time about her experience and involvement in Letby’s trial.
Produced as a result of years of research and relationship-building, the film – simply titled The Investigation of Lucy Letby – is described as being the most ‘comprehensive’ look at one of Britain’s most notorious crimes, and traces developments from her arrest to trial in chronological order.
Viewers will be given ‘unparalleled and exclusive access’ to those central to the story.
“This was an exceptional and demanding project, marked by significant creative and ethical responsibility,” commented director, Dominic Sivyer. “Our aim was to craft a powerful, emotionally resonant depiction of the events surrounding the case.”
Caroline Short, Head of Global TV at ITN Productions – who produced the documentary – added: “The access to all our contributors came with a huge responsibility to present everyone’s perspectives with care and understanding.
“We are grateful to all those people who trusted us to tell their story.”
Emily Sergeant -
26th January 2023 
