Andy Malkinson: DNA evidence identified three years after rape conviction

Documents successful the lawsuit of Andy Malkinson amusement the DNA of different antheral was identified 3 years aft helium was wrongly jailed for rape.

Mr Malkinson was recovered blameworthy successful 2004 of raping a pistillate successful Greater Manchester and lone had his condemnation quashed past period astatine the Court of Appeal.

Questions person present been raised implicit wherefore Mr Malkinson was not granted an entreaty arsenic agelong agone arsenic 2009.

The Criminal Cases Review Commission failed to travel leads, helium said.

Mr Malkinson went to situation protesting his innocence. At his proceedings determination had been nary DNA oregon different forensic grounds to nexus him to the victim, oregon the country of the savage attack.

Last month, the Court of Appeal quashed the 57-year-old's condemnation aft the Crown Prosecution Service accepted that DNA obtained agelong agone from the victim's covering - but ne'er afloat and repeatedly tested for matches - pointed to different man.

Case documents present seen by BBC News and the Guardian paper amusement that each the cardinal agencies progressive successful Andy Malkinson's lawsuit knew by 2009 of this exonerating DNA.

Mr Malkinson's squad reason the DNA grounds would person been much than capable to quash his conviction, adjacent if the existent fishy could not beryllium identified.

In 2007, forensic scientists had tally a nationwide cognition to reappraisal biologic samples from "cold case" unsolved crimes successful the anticipation that method advances successful DNA profiling could place much suspects.

In Andy Malkinson's case, the scientists tested for caller DNA from the victim's covering - and the results triggered caller questions.

Documents present disclosed to Mr Malkinson amusement that successful December 2009, the scientists told Crown Prosecution Service lawyers and Greater Manchester Police detectives they were definite they had identified DNA from an chartless man's saliva.

Between 2007 and 2009 the scientists carried retired 2 searches connected the National DNA Database for a lucifer to known suspects. Those searches did not output a lucifer to immoderate antheral - a effect that besides further underlined the illustration could not person travel from Mr Malkinson.

The squad told the CPS and GMP that the DNA had been recovered from the victim's vest, adjacent to wherever she had suffered a precise superior wound wound.

A elder CPS lawyer wrote successful his notes: "If it is assumed that the saliva came from the offender, past it does not deduce from Malkinson.

"This is astonishing due to the fact that the country of the covering that the saliva was recovered from was crime-specific."

Despite designation successful the gathering that the DNA grounds appeared to constituent to different antheral having attacked the woman, the Crown Prosecution Service advised against immoderate much enactment connected the case, unless and until Mr Malkinson was granted support for a caller appeal.

Mr Malkinson had already begun that process by asking the Criminal Cases Review Commission (CCRC) to reinvestigate and nonstop his condemnation backmost to the Court of Appeal.

His lawyers urged the CCRC to undertake a "full and broad reappraisal of the forensic evidence" - but the agency's lawsuit log shows its investigators past concluded determination was "nothing to beryllium gained" by having immoderate of the DNA retested.

The file, disclosed to Mr Malkinson, notes: "Would [testing] beryllium a bully usage of nationalist funds? I bash not deliberation connected the ground of the worldly disposable that it would beryllium a tenable people of action."

A CCRC researcher aboriginal wrote that determination was "no DNA worldly to talk of" and further investigating "would beryllium highly costly".

The record goes connected to question whether the determination wherever the caller DNA illustration had been recovered was important astatine all.

"There is nary certainty that the vest apical DNA illustration is transgression specific," wrote a CCRC investigator.

Greater Manchester Police aboriginal destroyed the victim's apparel - and the 2007 DNA illustration laic buried successful a technological archive until Mr Malkinson's caller ineligible squad discovered it successful 2021 and commissioned their ain testing.

That enactment yet led to the recognition of a antithetic antheral whose illustration had, successful the meantime, been added to the National DNA Database.

Since Mr Malkinson won his freedom, much than 100,000 radical person signed his petition for an autarkic reappraisal of however the CCRC handled the case.

"If the CCRC had investigated properly, it would person spared maine years successful situation for a transgression I did not commit," said Mr Malkinson.

"I consciousness an apology is the slightest I americium owed, but it seems similar the precise assemblage acceptable up to code the system's fallibility is labouring nether the delusion that it is itself infallible. How galore much radical has it failed?"

James Burley, the researcher astatine APPEAL, the miscarriages of justness foundation that took connected Mr Malkinson's case, said the CCRC's decision-making had been "deeply flawed".

"If the CCRC had applied communal sense, it would person granted Andy a caller entreaty successful 2009," said Mr Burley.

"Instead, the CCRC said this grounds wasn't capable and past failed to transportation retired DNA enquiries which mightiness not lone person further supported Andy's innocence but identified the caller fishy years sooner."

The BBC has contacted the CCRC and Greater Manchester Police for comment.

A spokesperson for the CPS said it shared the "deep regret" that Mr Malkinson had been wrongly convicted - but denied the 2007 DNA grounds had been ignored.

"It was disclosed [in 2009] to the defence squad representing Mr Malkinson for their consideration," helium said.

"In addition, searches of the DNA databases were conducted to place immoderate different imaginable suspects. At that clip determination were nary matches and truthful nary further probe could beryllium carried out."