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.
ADVERTISEMENT
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.
ADVERTISEMENT
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.
ADVERTISEMENT
“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.
ADVERTISEMENT
“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.”
Co-op Live confirms cancellations caused by part of air conditioning unit ‘falling from ceiling’
Daisy Jackson
The Co-op Live arena has confirmed the cause of tonight’s last-minute gig cancellation and subsequent postponement of future shows.
Reports said that an object had ‘fallen from the ceiling’ before doors to the public officially opened.
Co-op Live has now confirmed that ‘a component of the air conditioning system’ separated from the ductwork, and stressed that no one was injured.
A Boogie Wit Da Hoodie, the artist who was meant to perform tonight, had said that ‘something happened with the venue while I was at soundcheck today’.
Oak View Group, which owns the venue, said that it had ‘made the necessary call to ensure the full safety of all visitors to the venue to postpone the performance’.
Tim Leiweke, Chairman and CEO of Oak View Group said: “The safety and security of all visiting and working on Co-op Live is our utmost priority, and we could not and will not run any event until it is absolutely safe to do so.
“Today was a very unexpected situation but without a doubt the right decision.
“I deeply apologise for the impact that this has had on ticket holders and fans.”
It’s believed that the issue with the HVAC system was an isolated incident ’caused by a factory defect’.
Co-op Live said: “We were not able to verify that all similar nozzles were free of such defects.
“In conjunction with wider stakeholders, Oak View Group has made the necessary call to ensure the full safety of all visitors to the venue, and to postpone the performance.”
The rest of the nozzles inside the huge arena will now be tested for similar defects.
They said in a statement: “We understand the need to reassure fans over future shows. We are working with artist management and promoters to limit the impact on the opening season schedule.
“Where necessary, we will identify alternate dates, and will continually reassess to provide fans with sufficient notice regarding imminent shows.
“Should shows be cancelled or rescheduled, fans will be contacted by their point of purchase and offered a full refund where preferred.”
Olivia Rodrigo’s two Manchester shows at Co-op Live have been postponed
Daisy Jackson
Olivia Rodrigo’s shows at Co-op Live in Manchester have been postponed after a night of drama for the new arena.
The star was meant to bring her GUTS Tour to the city on Friday and Saturday night.
But the huge 23,500-capacity arena has now confirmed that both of these gigs will be postponed.
New dates will be announced as soon as they’re confirmed.
Co-op Live said in a statement: “Due to an on-going venue-related technical issue, the scheduled performances of Olivia Rodrigo’s GUTS World Tour on 3rd and 4th May are being postponed.
“Ticket holders can either hold onto their tickets or obtain a refund from their point of purchase.
“We deeply apologise for the significant inconvenience this will cause for many.”
The massive arena was supposed to open for the first time to the public tonight with a performance by A Boogie Wit Da Hoodie.
Credit: Nick WalkerCredit: Larissa HofmannOlivia Rodrigo’s gigs in Manchester at Co-op Live have been postponed.
But it was called off at the eleventh hour, with fans turned away from the doors just minutes before they were meant to open.
Co-op Live has now confirmed that the reason for the cancellation was that a piece of the HVAC (air conditioning) system had ‘separated from the ductwork’.
Rigorous testing on the rest of the system now needs to take place before fans can safely be welcomed inside.
Olivia Rodrigo has yet to issue a statement about her Manchester shows on 3 and 4 May being postponed.