Sarah Jackson

A Man whose rape conviction has been overturned after a 20-year fight has said The Past two decades felt like he had been " kidnapped by the state".

Andrew Malkinson was, serving 17 years in prison for A Crime he always said he did not commit.

His Case was after new evidence pointed to another potential suspect.

Mr Malkinson, 57, said: " I was innocent and finally they listened. "

" But I have been innocent All Along , for each of those 20 years that came Before Today , " He Said . " Nothing any Police Officer , court or commission said about me since 2003 changed that.

" It has taken nearly 20 years to persuade my kidnappers To Let me go. "

Overturning his conviction, Lord Justice Holroyd said Mr Malkinson could " leave The Court free and no longer be subject to the conditions of licence".

Police also apologised for what they described as a " grave miscarriage of justice"

Mr Malkinson was found guilty of raping A Woman following a trial in 2003 and sentenced to life with a minimum term of seven years.

However, he served a further 10 Years in jail after his tariff expired.

His barrister Edward Henry KC told The Court This Was because Mr Malkinson would never " falsely confess to abhorrent crimes which he did not commit".

Mr Malkinson previously applied twice for his Case to be reviewed by The Criminal Cases Review Commission (CCRC) but he was turned down, eventually being released from prison in December 2020.

At The Time of his trial, there was no DNA evidence linking him to The Crime and The Prosecution 's Case against him was based solely on identification evidence.

After his release, advancements in scientific techniques allowed his legal team, supported by legal charity Appeal, to provide new analysis that cast doubt on his conviction to the CCRC.

The Body then commissioned its own testing which found that DNA from The Victim 's clothing matched another man on the National Police database.

The Crown Prosecution Service (CPS) later conceded Mr Malkinson's conviction was unsafe because new evidence pointed to another man, who The Court ordered can only be identified as Mr B.

Both the CPS and Greater Manchester Police confirmed in May they would not contest a fresh appeal.

Police said in January that A Man had been arrested and released under investigation in light of the new information, but no decision had been made on whether he will be charged.

Speaking outside The Court , Mr Malkinson said: " When a jury finds you guilty when you are innocent, reality does not change.

" You know you did not commit The Crime , but all The People around you start living in a false fantasy universe and treat you As If you are guilty. "

Opening The Appeal earlier, Mr Henry said: " This is The Most troubling Case which may have wide implications for the administration of Criminal Justice .

" This is a historic Case - and a historic injustice.

" Grave failures that must lie at The Door of GMP that wholly undermined a Fair Trial . "

" No-one else should have to go through what Mr Malkinson has endured. "

Lord Justice Holroyde said other points argued by Mr Malkinson's legal team, about " crucial" material that was not disclosed at The Time of his trial, " raised A Number of substantial and important points".

He Said The Court would take time to consider them and give a decision on them later in writing.

GMP's Assistant Chief Constable Sarah Jackson said The Force was " truly sorry" to Mr Malkinson over the " grave miscarriage of justice".

She Said The Force was " also profoundly sorry to The Victim of this crime, who not only suffered an horrific trauma 20 years ago, but also relived The Experience during a criminal trial, and now may endure additional harm caused by learning that the true offender has Not Yet been brought to justice".

Cases like Mr Malkinson's were " thankfully very rare" She Said , but added that The Force had and would continue to " fully co-operate with any further reviews and action will be taken if it is found that anything could have been done differently".

She Said she had offered to meet Mr Malkinson " to personally deliver this apology".

" We Are determined to work with our colleagues in the CPS to ensure all new evidence is fully examined and that the person truly responsible is convicted, " She Said .

Source of news: bbc.com