British holidaymakers suspected of raping a UK tourist at a hotel in Magaluf covered their faces with their T-shirts as they were led handcuffed into court.
07.08.2023 - 14:23 / manchestereveningnews.co.uk
Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, has won further grounds in his successful Court of Appeal bid to clear his name.
The 57-year-old was found guilty of of a violent rape of a woman by the M61 motorway in Little Hulton in July 2003 and the next year was jailed for life with a minimum term of seven years. He served 10 more because he maintained his innocence.
But his conviction was quashed by senior judges at the Court of Appeal in July after DNA evidence linking another man to the crime came to light. Overturning Mr Malkinson’s convictions, for two counts of rape and one of choking or strangling with intent to commit rape, Lord Justice Holroyde said he could “leave the court free and no longer be subject to the conditions of licence”.
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At the time of Mr Malkinson’s trial, there was no DNA evidence linking him to the crime and the prosecution case against him was based only on identification evidence. The judge, sitting with Mr Justice Goose and Sir Robin Spencer, said last month that Mr Malkinson’s legal team “raised a number of substantial and important points” in other parts of his appeal that would be decided in writing.
In a further ruling on Monday, the three judges said Mr Malkinson’s conviction was also unsafe because of failures to disclose evidence. Edward Henry KC, for Mr Malkinson, previously described these as “deplorable disclosure failures, which mostly lay at the door of the Greater Manchester Police”.
The disclosure failures include police photographs of the victim’s left hand, which supported her evidence that she broke a nail scratching the face of her attacker, and
British holidaymakers suspected of raping a UK tourist at a hotel in Magaluf covered their faces with their T-shirts as they were led handcuffed into court.
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