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.
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.
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.
“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.
“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 tell gig-goers to ‘remain vigilant’ as Oasis Live ’25 hits Manchester
Emily Sergeant
Anyone lucky enough to be heading to Heaton Park for the Oasis Live ’25 gigs this summer is being told to ‘remain vigilant’.
Manchester is all set for a sensational summer of sound, as more than 300,000 music fans prepare to descend on our city to see a little-known band called Oasis (sarcasm detected) reform for the first time in over a decade.
And today is finally the big day after what has been a very long-time coming.
With the Gallagher brothers staging five nostalgia-drenched gigs at Heaton Park starting today (11 July), Greater Manchester Police (GMP) has now issued some important advice and information for gig-goers attending what is likely going to be one of the best live shows of their life, and what is sure to be a momentous moment for the city.
Oasis Live ’25 Manchester gig-goers told to ‘remain vigilant’ / Credit: The Manc Group | Simon Emmett (Publicity Picture)
GMP confirmed that it will be working with partners to ensure Oasis’ homecoming shows ‘pass by safely’ on 11, 12, 16, 19 and 20 July.
Planning has been underway within GMP over the past six months, alongside our partners at Manchester City Council, Transport for Greater Manchester (TfGM), North West Ambulance Service (NWAS), Greater Manchester Fire and Rescue Service (GMFRS), and many more.
Police officers will be present around the Heaton Park site, working with event security staff to ‘prevent crime and disorder’, while off-site patrols will also assist with traffic management and policing in the surrounding areas and the city centre.
Efforts are also underway to ‘minimise disruption’ in Manchester city centre and the surrounding areas, GMP confirmed.
We’ll be working with partners to ensure Oasis’ homecoming shows pass by safely at Manchester’s Heaton Park starting from this Friday.
Planning has been underway within GMP over the past six months alongside our partners.
— Greater Manchester Police (@gmpolice) July 10, 2025
“Our priority is to ensure everyone’s safety,” explained Assistant Chief Constable, Matt Boyle.
“We have worked closely with event organisers and partners to make sure the event is safe and enjoyable for those attending, whilst minimising any crime or antisocial behaviour impacts on local residents.
“We will have a large and highly visible policing operation in place in Heaton Park, the city centre, and on routes into and out of the venue to help people enjoy the event. We also have neighbourhood police officers and staff in place who are dedicated to dealing with local residents’ concerns.
“Our advice to fans attending is to enjoy yourselves but to remain vigilant, keep your belongings safe, and report anything suspicious to police or security staff so we can act on it.”
Major Co-op Live concert cancelled with fans already inside venue
Daisy Jackson
Major Co-op Live gig Jeff Lynne’s ELO has been cancelled this evening – after fans had already entered the venue.
Jeff Lynne’s ELO were set to perform the second of two nights at the huge Manchester venue tonight, as part of their final UK tour.
The Over and Out Tour should have been taking place on both the 9 and 10 July before heading to London’s BST Hyde Park Festival on Sunday.
But the show has been cancelled minutes before the legendary band were due to take to the stage.
Fans had already taken their seats inside the massive Co-op Live Arena when the news broke that the gig would not be able to take place ‘due to illness’.
77-year-old Jeff Lynne himself, who recently broke his hand in an accident, is said to be ‘devastated’ that he is unable to perform.
Jeff Lynne’s ELO has been cancelled at Co-op Live
A statement from the band said: “Unfortunately due to illness tonight’s (Thursday 10th July 2025) scheduled performance of Jeff Lynne’s ELO at the Co-Op Live will not be going ahead.
“Jeff is devastated he cannot perform this evening.
“More information will become available as soon as possible. For refunds please go to your point of purchase.”
According to fans, audiences inside Co-op Live were told the show was cancelled with just 45 minutes to go.
One person wrote: “The concert that never was. Cancelled with 45mins to go. Get well soon Jeff Lynne.”
Literally mins after this picture was taken Jeff Lynn cancelled 😞 @JeffLynnesELO Broke his hand a few days ago and has played the best he can and well done to you ! But then decides to cancel 2nd night n Manchester very last minute ! But it’s ok just ask for a refund !!! 😡 pic.twitter.com/wv1JfWPwk5