Andrew Malkinson was released from prison in December 2020 and consistently proclaimed his innocence
A man who served 17 years in prison for a rape in Little Hulton, Salford that he says he did not commit could be allowed to appeal against his conviction for the first time after new DNA evidence emerged.
Andrew Malkinson, now 57, was convicted of attacking a woman in Greater Manchester in 2003 and jailed for life the following year.
He applied for his case to be reviewed by the Criminal Cases Review Commission (CCRC) twice, but was turned down, eventually being released from prison in December 2020.
After his release, advancements in scientific techniques allowed his legal team to provide evidence that traces of DNA matching another man on the national police database had been found on the victim’s clothing.
The CCRC has now reviewed the evidence and allowed the case to be referred to the Court of Appeal, where judges will decide whether to allow an appeal against the conviction.
On Tuesday, Greater Manchester Police confirmed that a man had been arrested and released under investigation in light of the new information.
In a statement issued by legal charity Appeal, Mr Malkinson said: “I am innocent. Finally, I have the chance to prove it thanks to the perseverance of my legal team at Appeal.
“I only have one life and so far 20 years of it has been stolen from me. Yesterday I turned 57 years old. How much longer will it take?”
The charity said that the new analysis of the DNA was only possible because samples had been kept by the government-owned company Forensic Archive Limited, and accused Greater Manchester Police of having destroyed or lost exhibits.
Speaking to the Guardian when his lawyers first confirmed the DNA discovery, Mr Malkinson accused police of fitting the evidence around him.
He told the newspaper: “My life is on hold until I can overturn the conviction. I can’t get a decent job. I’m having to scrape by on the scraps of minimum wage jobs that nobody really wants.”
The CCRC has passed the DNA evidence to Greater Manchester Police for investigators to consider.
CCRC chairwoman Helen Pitcher said: “The new results raise concerns about the safety of these serious convictions. It is now for the Court of Appeal to decide whether they should be quashed.”
Greater Manchester Police said the force will continue to assist the CCRC review of the case.
A spokesperson added: “Following the discovery of new DNA evidence a full forensic review is now taking place and on 13 December 2022 a 48-year-old man from Exeter was arrested on suspicion of a rape which took place in July 2003.
“He has been released under investigation.”
Article written with Margaret Davis, PA Crime Correspondent
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