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 to begin offering new one-minute jab to women with ‘aggressive’ form of cancer
Emily Sergeant
The NHS is set to begin offering new immunotherapy for hundreds of women with aggressive cervical cancer across the country.
Pembrolizumab – which experts have described as being able to ‘take the handbrake off’ the body’s immune system to target cancer – will now be presented as a new treatment option for women in England with locally-advanced cervical cancer, which means the cancer has grown beyond the cervix to regions such as the pelvic wall, but not yet spread further around the body.
Trials found that adding pembrolizumab to standard chemoradiotherapy helped keep cancer ‘at bay’ for longer, and improved survival rates overall.
Two years after starting the treatment, nearly seven in 10 patients (68%) were still living without their cancer progressing, compared with 57% for those receiving chemoradiotherapy alone, according to NHS figures.
The trial also found that 82.6% of patients were still alive three years after treatment with pembrolizumab and chemoradiotherapy, compared with 74.8% with chemoradiotherapy alone.
Hundreds of women with aggressive cervical cancer are to be offered a new immunotherapy treatment.
It marks one of the biggest improvements in treatment for the disease in years, and could help more women survive and stay cancer-free in the long term.
The drug is either given every three or siz weeks via an infusion, or as a ‘one-minute’ injection, alongside chemoradiotherapy.
The NHS estimates around 550 patients in England will be eligible for the treatment – which has been approved this week by the National Institute for Health and Care Excellence (NICE) – over the next two years.
Patients will now receive fast-tracked access, funded by NHS England’s Cancer Drugs Fund.
“This is great news for women facing a diagnosis of aggressive cervical cancer, and represents one of the biggest improvements in treatment for this disease in recent years,” commented Professor Peter Johnson, who is the NHS National Clinical Director for Cancer.
“Combining this immunotherapy with existing treatment has had very positive effect for patients in trials, helping the body’s immune system to target cancer more effectively.
“We’re delighted it will be available for patients on the NHS as it could help hundreds more women survive and stay cancer-free in the long-term.”
Featured Image – NappyStudio (via Unsplash)
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Andy Burnham wants to bring the ‘Greater Manchester way’ to Westminster
Emily Sergeant
Andy Burnham has set out his vision for the country if he is to become Prime Minister.
In case you need brining up to speed first, after it was announced earlier this month that Andy Burnham had clinched the victory in the crucial Makerfield by-election, winning 24,927 votes (54.8% vote share) and a majority of 9,231, he then went onto announce his intention to run for Labour Party leader, and therefore Prime Minister, after Keir Starmer confirmed he would be stepping down.
And this week, Mr Burnham has now delivered his first speech as part of his ongoing campaign, addressing how he plans to give the country a ‘new direction’.
Burnham says that he wants to bring the ‘Greater Manchester way’ to Westminster.
A lot has been discussed and reported on when it comes to Burnham’s intentions to create a so-called Number 10 North here in Manchester, but what exactly does it mean to take the ‘Greater Manchester way’ to the capital?
“The Greater Manchester way is based on strong partnership between all sectors: public, private, community, voluntary, academic, faith, and our trade unions,” Burnham said in his speech.
He continued: “When I started as Mayor in 2017, we set about building a new approach, a new politics based on the exact opposite of the Westminster approach.
“Place-first, not party-first. Problem-solving, not point-scoring. Long-term, not short-term.
“A decade on, it’s incredible how much we’ve been able to achieve by working together instead of fighting against one another.”
Burnham said he feels the truth is that the country spends ‘too much time arguing and not enough time doing’ and that for Britain to get back where it ‘should be’, his Government would ask everyone to ‘face the same way’ and then ‘pull in that same direction together’.
He declared that No 10 North will be the ‘nerve centre’ for a rewired Britain.
“It will be the conduit through which we redistribute power and resources across the UK,” he concluded. “It will coordinate all parts of Government, at national and local level, to agree a long-term economic strategy and help all places set new growth ambitions.”
Emily Sergeant -
26th January 2023 
