Shock DNA Blunder Kept Innocent Man Locked Up for 17 Years
Andrew Malkinson spent 17 agonising years behind bars for a rape he didn’t commit – even though police and the CPS knew another man’s DNA was on the victim’s clothes back in 2007. Newly unveiled case files reveal that despite this crucial evidence, Malkinson stayed imprisoned for a brutal 13 years longer.
Ignored DNA Clue Led to Devastating Miscarriage of Justice
Last month, fresh DNA evidence finally linked someone else to the crime, smashing the original conviction and freeing Malkinson, 57. Forensic tests from 2007 had already found a male DNA profile not matching him – but cops and prosecutors ignored this, failing to alert the Criminal Cases Review Commission (CCRC), which investigates wrongful convictions.
CCRC’s Cost Concerns Denied Malkinson a Fair Appeal
The CPS claims they informed Malkinson’s lawyers about the DNA at the time. Yet in 2012, the CCRC refused to order new forensic checks or push for an appeal, reportedly worried about the expense. Internal documents show the Commission doubted the impact of more testing – a decision that kept an innocent man behind bars.
Malkinson Demands Answers as System Fails Again
Malkinson was jailed in 2003 after being convicted of a rape in Greater Manchester, sentenced to life with a minimum of seven years. Despite staying innocent, he lingered in prison for a decade beyond that term.
Meeting notes from 2009 reveal CPS officials recognised the DNA evidence’s significance. Yet CPS guidelines demand they promptly notify the CCRC if any doubts about a conviction emerge – a step that didn’t happen properly.
“If the CCRC had properly investigated, it would have spared me years in prison for a crime I did not commit,” Malkinson said. “I feel an apology is the least I am owed, but it seems like the very body set up to address the system’s fallibility is labouring under the delusion that it is itself infallible. How many more people has it failed?”
A CPS spokesperson finally admitted: “It is clear Mr. Malkinson was wrongly convicted of this crime, and we share the deep regret that this happened.”
