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.”
Pat Regan at the Fairfield Social Club – a brilliantly unhinged evening of standup comedy
Clementine Hall
There’s a particular kind of chaos that only Pat Regan can deliver, and the recently re-recognised Fairfield Social Club got the full force of it last night.
Making his Manchester debut as part of the ‘A Lovely Time’ series at the equally as lovely Fairfield Social Club, the New York comic, writer, and podcast host arrived with the energy of someone who had already lived through three emotional breakdowns before breakfast and somehow still had the worst to come.
Known for his work on HBO’s Hacks and the cult-favourite podcast Seek Treatment with fellow comic Catherine Cohen, Regan’s stand-up feels less like your traditional comedy set and more like being trapped in the world’s funniest group chat.
The perfectly intimate room beneath Fairfield’s railway arches was packed with adoring fans who were immediately on side as Regan launched into stories about traumatic trips to Paris, Grindr dates, massage tables and having crushes at the gym.
The audience was in the palm of his slightly sweaty hands (don’t worry, he’ll be fine with me saying so), laughing at every awkward punchline and self-deprecating anecdote.
The material is nothing groundbreaking, but this is what makes it so deeply hilarious; never before has shopping for the perfect pair of jeans been so serious and unserious at the same time.
There was laughter rolling through the venue for virtually the entire set, and after an hour of never-ending quips and jokes, we were left wanting more.
And the best part is, it won’t be long until we get more from this place, and it’s no wonder they’re starting to get the hosting plaudits they deserve.
It’s safe to say Fairfield Social Club has become one of Manchester’s most exciting homes for alternative comedy, and this felt like exactly the sort of booking that justifies its growing reputation.
By the time Regan left the stage, the audience looked equal parts exhausted and delighted. An absolutely classy evening indeed.
Find out about what else is on at the Fairfield Social Club HERE.
First-ever JD Wetherspoon pub to open at Manchester Airport
Danny Jones
In news that we feel many Mancs and travellers all-round have been waiting on for a long time, the well-known British chain, JD Wetherspoon, will be opening its first-ever pub at Manchester Airport.
That’s right: soon that first airport pint of the holiday could actually be a relatively cheap one.
While Wetherspoons are no strangers to popping up in terminals across the UK and Ireland, they’ve never done so here in Manchester despite having three, yes THREE, in Gatwick alone.
Not for much longer, though, as soon T2 will be lending more than 3,000 square feet of its prime leisure and retail real estate to a new Greater Manchester ‘Spoons’.
Posting on social media, the airport wrote: “Wetherspoon comes to Manchester Airport this September! The pub will be located in the Terminal 2 Departures lounge and will have more than 300 seats.
“This will become the final major food and drink venue to open its doors as part of our decade-long £1.3bn transformation of Terminal 2. It will be named ‘The Belle Vue’, in a nod to Manchester’s historic showground [now a sports complex and leisure hub].
“It was a focal point for social life in the city from the Victorian period up until 2020, when the final event was held at Belle Vue stadium. The design of the pub is inspired by the history of Belle Vue and the sporting culture of the North West of England. We look forward to welcoming you all in September!”
While a lot of money has been pumped into T2’s refurb as a whole over the past few years, it remains unclear just how much this particular new addition will cost; we do know that great sums were set aside for the launch of the Great Northern Market last year.
The inaugural Manchester Airport Spoons is just the latest in a series of major renovations.
As mentioned, the company already operate several up and down the country – 10 airport pubs, to be specific – but this will be the first in the North West.
Speaking on the news, JD Wetherspoon chief executive John Hutson said in a statement: “We are looking forward to opening at Manchester Airport. We believe our new pub will prove popular with travellers of all ages and be an asset to the new terminal.”
With Manchester Airport adding a dozen new routes to its roster this summer, you can expect to see even more people flying in and out than ever – no doubt having already polished off a cut-price pint or two beforehand.