Andrew Malkinson has criticised the deduction of up to £10,000 in legal costs from his compensation for the 17 years he was imprisoned for a rape he did not commit in Salford.
Mr Malkinson, victim of one of the worst miscarriages of justice in British criminal history, urged ministers to stop the “penny-pinching”.
He was jailed in 2004 until his conviction was quashed in 2023 after years of protesting his innocence.
In April, culprit Paul Quinn was found guilty by a jury of the sex attack on a young mother as she walked home in Little Hulton in the early hours of the morning on July 19 2003.
Mr Malkinson told BBC Radio 4’s Today programme on Tuesday: “They insisted on structuring it such that I need experts to evaluate the damage done to me, and so now they are going to deduct my expenses for the experts, which could be up to £10,000 under legal fees from my compensation, so I have to pay for my own damage assessment and legal fees.”
He continued: “It doesn’t make any sense at all to do that, except to say obviously they’re trying to claw back as much as possible. They’re penny-pinching.
“I think this is something that (Justice Secretary) David Lammy could fix with the stroke of a pen tomorrow easily…
“It’s really wrong, it feels vindictive. Why doesn’t the state, the perpetrator of the injustice, pay the costs for the experts and legal fees because they caused the damage, not me?”
In a statement, the Ministry of Justice said: “We know the grave impact miscarriages of justice have and are committed to supporting individuals in rebuilding their lives.
“The miscarriage of justice compensation scheme is designed to help individuals rebuild their lives and last year we increased the maximum compensation payable by 30% to £1.3 million.
“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation for miscarriages of justice, and we will carefully consider their findings.”
Downing Street also pointed to the ongoing consultation, with Sir Keir Starmer’s spokesman telling reporters: “Andrew Malkinson suffered a terrible miscarriage of justice, and what happened to him and the victim in this case is appalling.
“Firstly, we’re glad that the real perpetrator of this crime is now behind bars, and we understand how grave the impact cases like this have on those involved, and we’re committed to supporting individuals in rebuilding their lives.
“That’s why we’ve increased how much compensation is paid out after a miscarriage of justice, making sure victims are compensated for the crimes they didn’t commit and the years they cannot get back.
“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation, and we’ll carefully consider their finding.”
Quinn, 52, was found guilty of the 2003 sex attack on April 17 this year after a six-week trial at Manchester Crown Court.
Mr Malkinson, working as a security guard at a local shopping centre, protested his innocence but was wrongly picked out at an identity parade and jailed.
By Sophie Wingate, Press Association Deputy Political Editor
