SUB-HEADING: "The police's original investigation let down the people of Greater Manchester and allowed the real attacker to evade justice."
GIST: "A man who served 17 years in prison for a horrific rape could be a step closer to clearing his name. Andrew Malkinson was 37 when he was found guilty of carrying out a violent sex attack on a mum-of-two by the M61 motorway in Little Hulton, Salford.
As reported in the Manchester Evening News last year his legal team say they have evidence to prove Andrew did not commit the crime. DNA has linked another unknown male to the attack, which happened exactly 19 years ago tomorrow. (July 19th).
Now the Criminal Cases Review Commission, an independent body that investigates potential miscarriages of justice and has the power to send cases back to the Court of Appeal where the conviction can be overturned, has decided to carry out its own forensic inquiries into the case.
Andrew's lawyers claim GMP carried out a flawed investigation and that not only do they need to admit what went wrong - but catch the real rapist. There was no DNA evidence against Andrew. He was convicted in 2004 by a majority of 10-2 after a trial at Manchester Crown Court.
He could have walked free from prison after just six-and-a-half years if he had admitted the offence - but refused to do so. He was eventually freed by the parole board in December 2020 aged 55 and is now campaigning to clear his name with the help of law charity APPEAL.
His legal team discovered evidence that there was another man’s DNA on key samples taken from the victim.
Emily Bolton, APPEAL's Director and Andy Malkinson's lawyer, is adamant that the new DNA evidence proves without doubt that he is innocent.
Last year she told the MEN: "The areas in which this unknown male's DNA have been found are highly crime-specific. For instance, his DNA has been found under the victim's fingernails on the hand she said she used to cause a deep scratch to the attacker's face.
There is no plausible explanation for this unknown male's DNA being detected in these areas, other than him being the real attacker." The DNA did not match Andrew or the victim's then boyfriend.
The CCRC has twice refused Andrew's attempts to get the case referred back to the Court of Appeal. A new application was made in May last year. His lawyers have supplied them with the names of more than 30 possible suspects for the crime - including convicted sex offenders.
The 33-year-old victim was attacked as she was walking from her boyfriend's home in Atherton, Wigan, to her own address in Kearsley, Bolton, in the early hours of 19 July, 2003. She was on Cleggs Lane when she was approached from behind by a man who dragged her down an embankment into some bushes near the M61 motorway.
He strangled her until she lost consciousness before raping and seriously assaulting her. Ten days after the attack, GMP detectives put out an e-fit of the suspect based on the victim's description.
An appeal published in the Manchester Evening News at the time included plenty of detail. The suspect was described as being in his early to mid 30s, with olive skin and 5ft 8in tall.
He was 'of medium build, with a flat stomach and defined chest muscles. He had a shiny hairless chest and was clean-shaven', police said. He had dark brown or black hair, which was thick and wavy and he spoke with a Bolton accent, the report added.
Andrew is 5ft 11in, three inches taller than the description issued by police, does have chest hair, and he does not have a Bolton accent. He is from Grimsby and had only moved to the Manchester area recently after living abroad.
APPEAL has also forced GMP to disclose that two witnesses who gave crucial evidence for the prosecution had 16 convictions for 38 offences between them, including for crimes of dishonesty.
Following a trial, Andrew was found guilty of two counts of rape and attempting to choke, suffocate or strangle with intent to commit rape. He was found not guilty of attempted murder. Crucially the conviction stemmed from witness identification. The victim attended an identity parade at 1am and picked him out. She later told a court she was "more than 100 per cent" sure he was her attacker.
Emily Bolton told the Manchester Evening News today: "We welcome efforts to identify and bring to justice the real perpetrator of this awful crime, for which my client spent over 17 years wrongly imprisoned. The new DNA evidence already obtained excludes Andy and shows that an as yet unidentified male was responsible for the attack. We hope that soon Andy will get the chance to clear his name at the Court of Appeal.
"The police's original investigation let down the people of Greater Manchester and allowed the real attacker to evade justice. Many names were out forward to the police back in 2003, including those of convicted rapists, yet detectives failed to properly pursue these leads.”
A CCRC spokesman said: "The CCRC has a duty to examine new evidence carefully and assess its impact on the case as a whole and carry out all the investigations we consider necessary to meet our responsibilities. Mr Malkinson's case remains under active review, and we are in regular contact with his representatives who are aware of the scope of our enquiries. His representatives recently made further submissions which need to be considered by the CRCC.”
In a statement to the Manchester Evening News Greater Manchester Police said: “GMP is aware that Mr Malkinson's legal representatives have submitted an application to the Criminal Cases Review Commission (CCRC) which is currently under consideration.
"GMP has appointed a senior officer to undertake a review of the case in response to representations made by Mr Malkinson's legal representatives. GMP is assisting and co-operating with the CCRC.
"A public complaint has also been recorded by the GMP Professional Standards Branch (PSB) regarding concerns raised in relation to certain aspects of the historical conduct of the case. For the reasons outlined, it would be inappropriate to comment further at this time.”
Although free from prison, Andrew remains on the sex offenders register for life and with restrictions on his freedom. He said: "The trial that resulted in my wrongful conviction felt like a slow motion car crash - I just couldn't think of any way to stop it. Thanks to APPEAL taking the police to court, we've discovered evidence that I hope means that the Court of Appeal will finally clear my name after spending more than 17 years in prison for a crime I did not commit.”
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/new-forensic-inquiry-case-led-24517172
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
