Andrew Malkinson 'vindicated' over GMP failures after he wins further parts of Court of Appeal bid
Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, has won further grounds in his successful Court of Appeal bid to clear his name.
But his conviction was quashed by senior judges at the Court of Appeal in July after DNA evidence linking another man to the crime came to light. Overturning Mr Malkinson’s convictions, for two counts of rape and one of choking or strangling with intent to commit rape, Lord Justice Holroyde said he could “leave the court free and no longer be subject to the conditions of licence”.
The disclosure failures include police photographs of the victim’s left hand, which supported her evidence that she broke a nail scratching the face of her attacker, and the fact the two eyewitnesses who identified Mr Malkinson had convictions for dishonesty offences. None of this was available to Mr Malkinson’s defence team at his trial and Mr Henry said the failure to disclose the photographs “deprived” Mr Malkinson of his “strongest defence point – his lack of any facial injury”.
However, the three judges at the Court of Appeal denied Mr Malkinson’s bid on two other arguments over one of the witnesses’ drug use and sentencing for a motoring offence. Lord Justice Holroyde also said: “The stark reality is that the appellant has spent very many years in prison, having been convicted on identification evidence which he always disputed and which cannot now be regarded as providing a safe basis for the jury’s verdicts.
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