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.”
Police confirm man was arrested ‘on suspicion of making an explosive device’ in Gay Village
Daisy Jackson
Police have confirmed that the man who was detained in the midst of an incident in the Gay Village yesterday was arrested on suspicion of making an ‘explosive device’.
A huge cordon was in place in the Canal Street area in the city centre on Monday 11 May, after members of the public reported a ‘chemical smell’ coming from a hotel at around 10.45am.
Emergency services attended the scene and found chemical substances in a hotel room.
The man, who was believed to be the occupant of the hotel room, was detained at the scene.
Greater Manchester Police have since confirmed that he was ‘detained on suspicion of making an explosive device’ and was taken into custody for questioning.
In an update shared yesterday, they wrote: “The response to the incident on Canal Street in Manchester city centre is being reduced following reports of chemical substances being found.
“Emergency services examined items within a room inside a hotel following calls from the public at about 10:45am.
“A man, believed to be the occupant of the room, was detained on suspicion of making an explosive device and is currently in custody being questioned.
“Chemical substances found in the room have been examined and are in the process of being safely removed. The subsequent examination ruled out any explosive risk.
“We are working with the hotel management to return the establishment to normal after staff and guests were evacuated as a precaution.
“Staff from the fire service’s Hazardous Materials and Environmental Protection team remain in attendance to conduct tests and ensure the area is safe.
“We would like to thank the public and surrounding businesses for their patience as we continue with our work.”
No trams to run on major Greater Manchester line for two weeks as part of £150m improvement works
Emily Sergeant
Major disruption is on the horizon, as no trams are set to run on a major Greater Manchester line for two weeks this month.
As the next phase of the ongoing £150m investment into Greater Manchester’s tram network gets under way this month, essential track replacement work is set to be be carried out in a bid to make the network ‘safer’ and ‘more resilient and reliable’ for years to come.
Due to improvement works on the Oldham-Rochdale line – which is being carried out between Monsall and Newton Heath & Moston – there will be no trams between Manchester Victoria and Rochdale town centre for two weeks, starting from this Saturday 16 May right through to Friday 29 May.
The work being carried out will involve replacing sections of track and improving drainage along the route.
The track foundation will also be replaced where needed, as well as work to correct the alignment and level of the track.
No trams will be running on a major Greater Manchester line for two weeks from this weekend / Credit: TfGM
Transport for Greater Manchester (TfGM) has conceded that this is a ‘big and complex job’ – with 290 new concrete sleepers and 2,000 tonnes of pea gravel being used, and more than 5,000 tonnes of ballast set to be replaced.
But, when the work is done, it’s aiming to make journeys ‘smoother and more reliable’ for passengers, while improving the condition of the track for the long-term.
While the work is being carried out and the line is closed, bus replacement services will be in place between Victoria and Rochdale Town Centre, and more frequent Bee Network bus services will also call at the bus stops near each tram stop too, however tram tickets will only be accepted on the replacement bus, not on numbered bus services.
Elsewhere, work at Derker will also take place at the same to ‘minimise disruption’.
The track was made safe following a landslip in summer 2024, but now, a longer-term solution will see teams drive steel sheets into the ground to hold it in place and prevent further movement, before further work will be needed later in the year to complete the job.
And to top it off, from Monday 25 to Friday 29 May, improvement work to update equipment that has been in place since the line opened in 1992 will also take place at Piccadilly Gardens, and that means no trams will run between St Peter’s Square/Market Street and Piccadilly during this time.
Customers may need to change trams, take a short walk, or hop on the free bus to continue their journey.
Tram services will resume as normal from the start of service on Saturday 30 May, and passengers travelling during this period are urged to ‘plan ahead’.
Everything you need to know about the planned works is on the TfGM website here.
Emily Sergeant -
26th January 2023 
