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
“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.
“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.”
Drivers warned of ‘bad habit’ that could land them with £1,000 fines this winter
Emily Sergeant
Drivers are being warned of a ‘bad habit’ on the roads that could seem them hit with hefty fines as winter rolls around.
Once the temperatures drop, and the days get shorter and darker, fog tends to become a more common weather occurrence around this time of year – but an eye-opening new survey has found that most drivers don’t really how to use their fog lights correctly.
According to guidance from the Driver and Vehicle Standards Agency (DVSA), fog lights should only be used on British roads when visibility drops below 100 metres, yet the new research by eBay has found that 60% of drivers use their fog lights at the wrong times, and what’s more is that one in 10 say they switch on their fog lights when visibility is less than 300 metres.
48% of drivers who took part in the research admitted that they activate full-beam headlights when it’s dark, regardless of oncoming traffic and other road users.
Drivers are being warned of a ‘bad habit’ that could land them with £1,000 fines this winter / Credit: Nabeel Syed (via Unsplash)
The RAC says these stats reveal a ‘worrying trend’ among motorists, and have warned that these habits could actually means drivers are risking fines of up to £1,000 and three penalty points on their licence.
If the incorrect usage of fog lights wasn’t bad enough as it is, the new research also found that many Brits say they do not stay on-top of regular car maintenance when it comes to car fog lights, either – with just 15% saying they check them every month, and shockingly, 24% stating they’ve never checked them before.
Due to the ongoing issue of headlight glare, in whatever form that may be, The RAC has found that as many as one in four drivers (25%) who find headlights ‘too bright’ are actually driving less as a result.
“Unfortunately for a lot of drivers, the annual onset of darker evenings coincides with another unwelcome arrival – that of overly-bright headlights that they believe make driving more difficult due to dazzle and discomfort,” explained Rod Dennis, who is the Senior Policy Officer at the RAC.
“While most of us have no choice other than to adapt to driving at night more often as the clocks go back, the fact headlight glare is the leading cause of nervousness underlines it’s a problem that needs tackling.
“At the same time, it’s important to remember that brighter headlights can give drivers a better view of the road ahead, so there’s a balance to be struck.”
Featured Image – Robin the Bird (via Unsplash)
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Police investigation underway following ‘shocking’ arson at Marple Cenotaph on Bonfire Night
Emily Sergeant
A public appeal for information has been issued after a fire was started near a war memorial in Stockport on Bonfire Night.
Greater Manchester Police (GMP) is currently investigating after officers were called out around 9:50pm on Bonfire Night (Wednesday 5 November) following reports of a group of males near to the Cenotaph in Marple.
When police arrived at the scene, they found that a fire had been started in a bin and wooden pallets had been set alight – with the ground nearby having been damaged.
Neighbourhood officers in Marple are now investigating and are appealing for information in relation to this incident.
The incident has been described as a reckless act that could have ended with more damage and even serious injury.
“The Cenotaph means a lot to the community and incidents like this are deeply upsetting, particularly at a time when we should be honouring the memory of our war veterans,” explained Sergeant Rachel Walton, of GMP’s Stockport East Neighbourhood Policing Team.
“We are working closely with partners at Stockport Council and the fire service to ensure the area is cleaned and restored.
“We want to identify the individuals responsible, and we will have extra high-visibility patrols in the park each evening leading up to the Remembrance Day service on Sunday (9 November).”
This incident is just one of a total of 350 calls related to fire or fireworks that GMP responded to on Bonfire Night, which is said to be an increase from 203 last year.
A total of 27 arrests were made across Greater Manchester, with four weapons and hundreds of fireworks seized.
Emily Sergeant -
26th January 2023 
