Andrew Malkinson was wrongly convicted of rape in 2003 and spent 17 years in jail before his conviction was quashed after years protesting his innocence when new DNA evidence emerged.
A man wrongly jailed for 17 years for a rape he did not commit has received an apology from the Criminal Cases Review Commission . Andrew Malkinson was jailed in 2003 but eventually released in December 2020. His charges were quashed last year after new DNA evidence potentially linked another man to the crime. The
has now offered Mr Malkinson an unreserved apology after the completion of a report from an independent review by Chris Henley KC into the handling of the case. chairman Helen Pitcher OBE said: 'Mr Henley's report makes sobering reading, and it is clear from his findings that the commission failed Andrew Malkinson. For this, I am deeply sorry. I have written to Mr Malkinson to offer him my sincere regret and an unreserved apology on behalf of the commission. 'For me, offering a genuine apology required a clear understanding of the circumstances in which the commission failed Mr Malkinson. We now have that.
in 2009, but at the conclusion of its review in 2012 the commission refused to order further forensic testing or refer the case for appeal, amid concerns over costs. A second application was rejected in 2020. Read more:Investigation launched into Andrew Malkinson casePolice and CPS 'knew another man's DNA was on victim's clothes' Critical DNA evidence had been available since 2007, but no match was found on the police database at the time.
said it has re-examined nearly 5,500 cases that it previously rejected in the light of improvement in DNA analysis techniques. Its initial trawl last summer found around a quarter of the cases are those where the identity of the offender is challenged. Focusing on those, it says there are potentially several dozen cases where DNA samples could be retested using the DNA 17 technique, first introduced in 2014.
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