Man wrongly jailed for rape he didn't commit faces paying prisonJuly 28, 2023
Innocent man wrongly jailed for 17 years for rape he didn’t commit faces paying for prison accommodation as he blasts his ‘kidnappers’
- Andrew Malkinson may pay for prison ‘board’ after his wrongful imprisonment
- READ MORE: Man who served 17 years for rape he didn’t do slams ‘liar’ police
An innocent man who was wrongly jailed for 17 years for a rape he did not commit faces having to pay for prison ‘board and lodging’ as he blasted his ‘kidnappers’.
Andrew Malkinson, now 57, on Wednesday finally won a 20-year battle to clear his name after he was in 2003 handed a life sentence with a minimum term of seven years, after being found guilty of raping a woman in Greater Manchester.
Mr Malkinson is now living on benefits but could be in line for up to £1million in compensation for his wrongful conviction – but his lawyer warned his client may be waiting ‘years’.
And the victim of the miscarriage of justice was further ‘eanraged’ by the possibility that he would have to pay for the ‘torture’ he suffered for nearly 20 years, as a substantial sum of his compensation may be deducted to repay the prison – HMP Frankland – for food and accommodation costs.
Mr Malkinson served 10 more years because he maintained his innocence, but his conviction was quashed by senior judges at the Court of Appeal on Wednesday after DNA evidence linking another man to the crime came to light.
Andrew Malkinson (pictured outside the Royal Courts of Justice on Wednesday), now 57, on Wednesday finally won a 20-year battle to clear his name after he was in 2003 handed a life sentence with a minimum term of seven years, after being found guilty of raping a woman in Greater Manchester
And the victim of the miscarriage of justice was further ‘enraged’ by the possibility that he would have to pay for the ‘torture’ he suffered for nearly 20 years, as a substantial sum of his compensation may be deducted to repay the prison – HMP Frankland (pictured) – for food and accommodation costs
Greater Manchester Police’s Assistant Chief Constable Sarah Jackson (pictured) said ‘we are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice in being convicted of a crime he did not commit and serving a 17-year custodial sentence’
Charity Appeal, who took on the case, said it took Greater Manchester Police (GMP) to court twice to obtain evidence which had been withheld from the defence at Mr Malkinson’s original trial.
READ MORE: Innocent man who spent 17 years in jail for a rape he did not commit could be in line for £1million compensation – but may have to wait ‘years’ to get it, his lawyer says
It also accused the force of unlawfully destroying key evidence connected to the case.
Mr Malkinson told the BBC World at One that the rules around financial claims for wrongful imprisonment were ‘kind of sick’.
The rules were introduced by judges relating to the case of men who were wrongly convicted of the murder of paperboy Car Bridgewater in 1978.
A 2007 decision by the House of Lords, which was at the time the UK’s highest court, said that cousins Vincent and Michael Hickey, who were freed by the Court of Appeal after their convictions were found to be flawed, said that their compensation should be reduce.
Michael Hickey was awarded £1.02million and his cousin got £550,000 but both of their awards were reduced by a quarter as they had not had to pay for living expenses while in custody. The law lords’ ruling was backed by the European Court of Human Rights after an appeal.
The Justice Secretary will also be integral to the decision of whether or not Mr Malkinson receives compensation – a maximum of £1million of someone has been falsely imprisoned for 10 years or longer.
The recently exonerated man told The Telegraph that he was ‘sickened’ at the thought of having to pay for being ‘kidnapped’. He asked if it was ‘serious’ that ‘proven innocents have to pay for their torture’.
Justice Committee chairman Sir Bob Neill has urged the government to review the rules, asking ‘is it really fair’.
It is not believed that the Ministry of Justice have any plans to change the rules. The department told the Telegraph that compensation deductions can be made when those who had been falsely imprisoned made ‘substantial savings made on living costs while a person was in custody’.
Following Mr Malkison’s acquittal, evidence access laws surrounding court appeals are to be reviewed, as legal charity Appeal said they hampered his case.
The Law Commission announced a wide-ranging examination of the appeals process, including whether it is disrupted by rules governing the retention and disclosure of evidence.
The charity said lawyers working on potential miscarriage of justice cases are ‘routinely’ denied access to evidence by police forces and prosecutors.
Emma Torr, the charity’s legal director, said: ‘We welcome the Law Commission’s review of unfair disclosure reviews, which currently prevent miscarriages of justice being brought to light.
Mr Malkinson (pictured) served 10 more years because he maintained his innocence, but his conviction was quashed by senior judges at the Court of Appeal on Wednesday after DNA evidence linking another man to the crime came to light
Sarah, the half-sister of Andrew Malkinson, hugs him outside the Royal Courts of Justice in London after he was cleared
Mr Malkinson’s mother Trisha Hose outside the Royal Courts of Justice today after he was cleared
‘Andy Malkinson’s case is just the tip of the iceberg. We believe there are many others who have been wrongly convicted but are unable to access evidence to prove their innocence.’
At the time of Mr Malkinson’s trial, there was no DNA evidence linking him to the crime and the prosecution case was based only on identification evidence.
But a DNA sample held by the forensic archive was tested and found last October to link to another man, who has since been arrested. A decision on whether he will be charged is awaited.
Edward Henry KC, representing Mr Malkinson in the Court of Appeal, said GMP, which apologised after the ruling, destroyed the victim’s clothing.
Assistant Chief Constable Sarah Jackson said: ‘We are truly sorry to Mr Malkinson that he is the victim of such a grave miscarriage of justice in being convicted of a crime he did not commit and serving a 17-year custodial sentence.
‘Whilst we hope this outcome gives him a long overdue sense of justice, we acknowledge that it does not return the years he has lost. I have offered to meet with him to personally deliver this apology.’
Mr Malkinson told the BBC’s Newsnight programme: ‘The Greater Manchester Police apology… it’s meaningless to me, absolutely meaningless.
‘An apology without accountability, what is that? It’s nothing, it’s nothing, it means nothing.’
Penney Lewis, criminal law commissioner, said: ‘The appeals process is essential for rectifying miscarriages of justice and ensuring the fair and consistent application of the criminal law. In recent years, there have been many differing views on how this process can be improved to allow for the efficient and effective resolution of appeals.
‘In our comprehensive review, we will consider proposals for reform that will ensure the appeals process provides a robust safeguard against wrongful convictions and instils confidence in the criminal justice system.
‘We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working.’
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