Andrew Malkinson Wiki – Andrew Malkinson Biography
Andrew Malkinson, now 57, finally won a 20-year battle to clear his name on Wednesday after he was sentenced to life in prison with a minimum term of seven years in 2003, after being convicted of raping a woman in Greater Manchester. Mr Malkinson is now living on the profits but could receive up to £1m in compensation for his wrongful conviction, but his lawyer has warned his client may be waiting ‘years’. And the miscarriage victim was even more ‘enraged’ by the prospect of her having to pay for the ‘torture’ she endured for almost 20 years, as a substantial sum of her compensation may be deducted to pay prison -HMP Frankland – food and lodging expenses.
Malkinson served an extra ten years because he maintained his innocence, but his conviction was overturned by senior judges in the Court of Appeal on Wednesday after DNA evidence linking another man to the crime came to light. Charity Appeal, which took up the case, said Greater Manchester Police (GMP) went to court twice to obtain evidence that had been withheld from the defense in Malkinson’s original trial. He also accused the force of illegally destroying key evidence related to the case. Malkinson told BBC World at One that the rules around financial claims for wrongful imprisonment were “kind of sick”. The rules were introduced by judges in connection with the case of men who were wrongfully convicted of the 1978 murder of newsboy Car Bridgewater. A 2007 decision by the House of Lords, then the Kingdom’s highest court Kingdom said cousins Vincent and Michael Hickey, who was released by the Court of Appeal after his convictions were found to be wrong, said his compensation should be reduced.
Michael Hickey received £1.02 million and his cousin received £550,000, but both awards were reduced by a quarter as they had not had to pay living expenses while in custody. The ruling of the lords of the law was upheld by the European Court of Human Rights after an appeal. The Justice Secretary will also be integral to the decision on whether or not Mr Malkinson receives compensation – a maximum of £1m from someone who has been falsely imprisoned for ten years or more. The recently exonerated man told The Telegraph he was ‘disgusted’ at the thought of having to pay to be ‘kidnapped’. He asked if he was ‘serious’ that ‘proven innocents have to pay for their torture’. Justice Committee Chairman Sir Bob Neill urged the government to review the rules, asking ‘is it really fair?’ The Ministry of Justice is not believed to have plans to change the rules.
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Age
Andrew Malkinson is 57 years old.
UK police apologises to man who spent 17 years in jail for rape he never committed
The department told the Telegraph that compensation deductions can be made where those who had been falsely imprisoned made “substantial cost-of-living savings while a person was in custody.” Following Mr Malkison’s acquittal, access to evidence laws surrounding court appeals will be reviewed, as the legal charity Appeal said they hampered his case. and disclosure of evidence. The charity said lawyers working on cases of potential miscarriage of justice are ‘routinely’ denied access to evidence by police forces and prosecutors. Emma Torr, the charity’s legal director, said: criticism, which currently prevents judicial errors from being discovered. The Andy Malkinson case is just the tip of the iceberg. We believe there are many others who have been wrongly convicted but are unable to access the evidence to prove their innocence.
At the time of Mr. Malkinson’s trial, there was no DNA evidence linking him to the crime and the prosecution’s case relied on identifying evidence alone. who has since been arrested. A decision is awaited on whether he will be charged. Edward Henry KC, who is representing Malkinson in the Court of Appeal, said GMP, which apologized after the ruling, destroyed the victim’s clothing. Assistant Police Chief Sarah Jackson said: “We are very sorry to Mr. Malkinson that he is the victim of such a serious miscarriage of justice by being convicted of a crime he did not commit and serving a 17-year prison sentence. “While we hope this result gives him a long-awaited sense of justice, we recognize that he is not giving back to him for the years he has lost. I have offered to meet with him to personally deliver this apology to him.
Mr Malkinson told the BBC’s Newsnight programme: ‘The Greater Manchester Police apology… it’s meaningless to me, absolutely meaningless.’An apology without accountability, what is that? It’s nothing, it’s nothing, it means nothing.’Penney Lewis, criminal law commissioner, said: ‘The appeals process is essential for rectifying miscarriages of justice and ensuring the fair and consistent application of the criminal law. In recent years, there have been many differing views on how this process can be improved to allow for the efficient and effective resolution of appeals. ‘In our comprehensive review, we will consider proposals for reform that will ensure the appeals process provides a robust safeguard against wrongful convictions and instils confidence in the criminal justice system. ‘We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working.’
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