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24.01.2024 - 08:41 / manchestereveningnews.co.uk
The body responsible for investigating miscarriages of justice missed a key chance to look again at the case of a man who spent 17 years behind bars for a rape he didn't commit, according to reports today.
Andrew Malkinson, now aged 58, was 37 when he was found guilty - on February 10, 2004 - by a 10-2 majority of carrying out a violent sex attack on a woman by the M61 motorway in Little Hulton, Salford. He was convicted despite no DNA evidence.
Malkinson was jailed for life with a minimum term of seven years, but served a further 10 more after maintaining his innocence. In July last year however, the Court of Appeal overturned his conviction after forensic testing linked another man to the crime.
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His case was referred to the Court of Appeal in the January by the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice, after the new DNA evidence was discovered.
The Guardian, quoting internal documents seen by the newspaper, today reported the organisation missed an opportunity to clear his name in 2013
Malkinson, it says, is calling for the chair of the Criminal Cases Review Commission, Helen Pitcher, to be sacked and to return her OBE as a result.
The Guardian reports that in 2013, DNA evidence exonerated a different man of an attempted rape that he also wrongly spent 17 years in prison for. After that case, the CCRC said in an internal report seen by the Guardian that it should consider reviewing all similar cases. Both cases were similar, but no review was undertaken for Malkinson.
The Guardian reports that a 2013 'lessons learned review' of the other man's case has been released under the Freedom of Information
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