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.”
Exciting new CGIs released of £500m Therme Manchester wellness resort as construction continues
Emily Sergeant
As construction continues on Manchester’s massive wellness resort, some new CGIs have now been released.
In case you need bringing up to speed, construction of the £500 million Therme Manchester wellness resort officially began last September after several years of planning, and now developers have released some exciting new CGIs – with an update on how construction is going, as a new milestone has been reached this week.
Set to open to the public in 2029, Therme Manchester will become one of the largest urban wellbeing resorts in the world.
Visitors can expect to make the most of a 10 pools – both lagoon and wave pools included – thermal bathing, multi-sensory sauna rituals, steam rooms, 18 water slides, affordably-priced luxury spa therapies, and health and fitness experiences.
Exciting new CGIs released of Therme Manchester have been released / Credit: Supplied
At the heart of Therme Manchester will be three distinct zones, each offering a different way to spend time at the resort.
Play will bring together water-based fun and attractions for families and visitors of all ages, and Restore will focus on thermal bathing and restorative experiences designed to help visitors unwind, while Relax will offer spaces for relaxation and wellbeing.
The latest CGIs showcase the design as it develops – including the resort’s extensive indoor and outdoor spaces, and its 53,000sq ft wellbeing garden.
Construction is still underway on the £500m wellness resort / Credit: Supplied
The plans also feature a new public plaza designed to strengthen connections between the resort and the Bridgewater Canal.
Professor David Russell, CEO of Therme UK, said: “We have taken the opportunity to refine the design, improve how traffic and parking are managed and create a more welcoming environment for everyone arriving at the resort.
“We are creating an even better experience for visitors while supporting more efficient and sustainable operations.”
Therme Manchester was initially touted as a £250m project that would complete in 2025, but it’s now up to £500m and is scheduled to complete it 2029.
It marks one of the most significant building developments to ever take place in the North.
Featured Image – Supplied
News
All students in England to be offered the chance to do a new Ukrainian GCSE
Emily Sergeant
All students in England are soon to be offered the chance to do a new Ukrainian GCSE.
Said to be part of the UK’s ‘enduring support’ for the Ukrainian community and continued commitment to stand with Ukraine and its people, young people in England, Wales, and Northern Ireland will now have the opportunity to study for a new Ukrainian GCSE, the Government has announced.
While the qualification will be open to all students, it marks a ‘particularly significant’ milestone for Ukrainian children and young people living in the UK.
It’s hoped that the introduction of the new GCSE will help Ukrainians to preserve a vital connection to their language, culture, and identity.
It’s also hoped that it’ll open pathways to future education and employment for all pupils.
In line with the other modern foreign language GCSEs that are currently on offer, the qualification will assess listening, speaking, reading, and writing skills, while also recognising the cultural and historical contexts that shape the Ukrainian language.
Examination board AQA will now begin the next phase of development, bringing together language and subject experts to design what will be a ‘high-quality’ qualification reflecting the richness of Ukrainian language and culture.
Education Secretary, Lucy Powell, commented: “As they build their lives here in the UK, it is right that Ukrainians and their children should have every opportunity to maintain that connection to their heritage and to be proud of who they are.
“This new qualification is available to all pupils and will give them the chance to develop their language skills and celebrate Ukraine’s rich culture and history, while also opening pathways to future study and employment and strengthening our partnership with Ukraine.
“Through that enduring partnership, we are building the lasting ties between our countries that will see the young minds of the future move forward together, and foster connections that transcend borders.”
The Ukrainian GCSE is expected to be available for first teaching from September 2028 – with first assessments taking place in 2029.
Emily Sergeant -
26th January 2023 
