Andrew Malkinson, 57, who spent 17 years behind bars for rape he DIDN'T commit is finally cleared by Court of Appeal | The Sun

AN innocent man who spent 17 years in jail for a rape he did not commit has been cleared by the Court of Appeal.

Andrew Malkinson, 57, was found guilty of raping a woman in Greater Manchester in 2003.

The following year – with no forensic evidence to link him to the crime – he was jailed for life with a minimum term of seven years.

His prosecution was based solely on an identity parade where the victim picked him out.

But because Andrew maintained his innocence, never wanting to "falsely confess" to the abhorrent attack, he was forced to serve an additional ten years behind bars.

Andrew – who has fought for 20 years to clear his name – finally had his case referred to the court in January by the Criminal Cases Review Commission (CCRC) who investigate potential miscarriages of justice.

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He was today cleared by the Court of Appeal after DNA evidence implicated another man in the rape, who is expected to be charged.

The CPS and Greater Manchester Police confirmed back in May they would not contest the appeal.

Seething with rage outside court on Wednesday, Andrew told reporters that for 20 years he had been “kidnapped” by the state and forced to live the "false fantasy" of those who accused him of crimes he never committed.

His lawyers now say his case raises serious questions as to why he was ever jailed.

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His barrister Edward Henry KC also wants the court to overturn his conviction on the grounds of "deplorable disclosure failures which mostly lay at the door of the Greater Manchester Police".

Mr Henry said such failings, uncovered 15 years after his conviction, meant Andrew never received a fair trial in 2004 and the failures wrecked his challenge at the Court of Appeal in 2006.

'SLOW MOTION CAR CRASH'

Andrew was in his hometown of Grimsby when he was arrested by detectives two weeks after the Salford attack.

He had been in the area at the time, working in a stop-gap job as security guard before planning to move permanently to the Netherlands.

Andrew told police he would have been asleep at a fellow security guard's flat, where he was bunking as a guest, at the time of the attack.

But his host could not remember the night in question.

Police issued an e-fit of the attacker, whom the woman had left with a deep scratch on their face.

There was no evidence Andrew had been clawed and none of his colleagues had seen him with a facial injury.

The victim then said her attacker was tall, had a Bolton accent and a "shine hairless chest", Andrew had none of these traits.

He voluntarily agreed to take part in an identity parade, the victim picked Andrew out, and his world fell apart.

Speaking to the BBC, Andrew describes his ordeal as a "slow motion car crash".

He added: "You're going through the windscreen and there's nothing you can do."

To make matters worse, the two witnesses, who claimed they'd seen Andrew that night, had serious criminal records, but the jury weren't made aware of this.

With only the identity parade, he was convicted by majority verdict and sentenced to life in prison.

While inside, Andrew tried to get staff to hear his case but they would not listen.

Refusing to make a false admission, he remained caged for 17 years as he tried to plead his innocence.

He spent his time dedicated to study and the gym – leaving with a university degree in maths and physics.

He was finally released on a strict life licence in December 2020.

As a minority of one you are forced to live their false fantasy

Flanked by tearful friends, family and supporters holding placards that read "Reform Appeal System", Andrew told reporters on Wednesday at every stage of his saga "they didn't believe me".

Speaking outside the Court of Appeal in London, he added: "Today we told this court I was innocent and finally they listened, but I have been innocent all along for each of those 20 years that came before today.

"Nothing that any police officer, court or commission said about me since 2003 changed that reality.

"When a jury finds you guilty when you are innocent, reality does not change.

"You know you did not commit the crime. But all the people around you start living in a false fantasy universe and treat you as if you are guilty: the police, prison officers, probation officers, prisoners, journalists, judges.

"As a minority of one you are forced to live their false fantasy. On August 2, 2003, I was kidnapped by the State. It has taken nearly 20 years to persuade my kidnappers to let me go.

"Seventeen years, four months and 16 days of that time was spent in prison. All that time the real perpetrator, the real dangerous person was free.

"Now I am left outside this court without an apology, without an explanation, jobless, homeless, expected to simply slip back into the world.

"I spent 17 years on my guard against every threat. I imagined I would die in prison, murdered by another prisoner. I am not a liar. I am not in denial. Greater Manchester Police are liars and they are in denial."

Andrew is now calling for a full criminal investigation into what happened and how he came to lose "half of my life and suffer incredible indignities, pain and psychological torture".

'TRULY SORRY'

Following his successful appeal, Assistant Chief Constable Sarah Jackson of Greater Manchester Police said: "We are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice, in being convicted of a crime he did not commit and serving a 17-year custodial sentence.

"We are also profoundly sorry to the victim of this crime, who not only suffered an horrific trauma 20 years ago.

"But also relived the experience during a criminal trial, and now may endure additional harm caused by learning that the true offender has not yet been brought to justice.

"We are absolutely committed to following all new lines of enquiry to ensure the right person is held accountable for harming her.

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"Whilst we hope this outcome gives him a long overdue sense of justice, we acknowledge that it does not return the years he has lost. I have offered to meet with him to personally deliver this apology.

"We are sorry that in this case, the judicial process failed, and the wrong man was convicted."

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