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Probe into case of Andrew Malkinson jailed for 17 years for rape he didn’t commit

Andrew Malkinson had his 2003 conviction for the attack quashed by the Court of Appeal last month after DNA potentially linking another man to the crime was identified

The body which investigates potential miscarriages of justice is reviewing its role in the case of a man who spent 17 years behind bars for a rape he did not commit.

Andrew Malkinson, 57, had his 2003 conviction for the attack quashed by the Court of Appeal last month after DNA potentially linking another man to the crime was identified. He twice applied for his case to be referred for appeal by the Criminal Cases Review Commission. But he was turned down, eventually being released from prison in December 2020.

The CCRC announced yesterday that a leading barrister, with extensive experience prosecuting and defending cases, would lead a review of its role. Mr Malkinson has called on CCRC chairman Helen Pitcher to resign and say sorry over the commission’s handling of his case but she has so far issued no apology or spoken in public about the case.

After Mr Malkinson’s release, advances in scientific techniques allowed his legal team to provide new DNA analysis that cast doubt on his conviction to the CCRC, which then commissioned its own testing. A new suspect was identified in 2022 for the attack in Greater Manchester. Their DNA had been on the national database since 2012.

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