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Evening Standard
Evening Standard
World
Josh Salisbury

Andrew Malkinson: Man wrongly jailed for rape living in tent amid compensation battle

A man who spent 17 years in prison for a rape he did not commit has said he is broke and living in a tent.

Andrew Malkinson had his conviction quashed earlier this year after DNA linking another man to the 2003 rape of a young mother was produced.

Mr Malkinson, 57, is waiting for compensation for his time spent behind bars and is currently living in a tent in Seville, Spain, and surviving on benefit payments.

He said: “I’m on benefits. I’m homeless and waiting for them to do the right thing. They have the power to do the right thing but they chose to take their time.”

After his release from prison, he travelled to Amsterdam to stay close to an ex-partner, Karin Schuitemaker, who he said never lost faith in him, before making his way to “anonymity” in Spain.

He said he was warned it could be two years before he receives any money for the wrongful imprisonment.

Changes to the law in 2014 mean that those exonerated on appeal have to present new evidence to the Ministry of Justice to prove their innocence beyond a reasonable doubt.

The law is being challenged at the European Court of Human Rights.

Mr Malkinson was working as a security guard in Salford at the time of his wrongful conviction aged 37.

He could have been freed after six-and-a-half years if he had given a false confession, but ended up serving 17 years as he maintained his innocence.

The Ministry of Justice ordered an inquiry into the wrongful conviction after an appeals court overturned the verdict in July.

However, Mr Malkinson has said he believes it must be elevated to a statutory inquiry to ensure Greater Manchester police do not hide evidence.

This would allow the inquiry to force witnesses to give evidence and disclose documents.

“The police don’t want to disclose,” Mr Malkinson told the Guardian newspaper on Wednesday.

“They never have done and I can’t see them playing ball unless they’re compelled to by a statutory inquiry.”

A Ministry of Justice spokesperson said in response to calls for the inquiry to be elevated that Mr Malkinson “deserves thorough and honest answers” as to why the miscarriage of justice took place.

“The Criminal Cases Review Commission, Crown Prosecution Service and Greater Manchester Police have all pledged their full cooperation to the independent inquiry into the handling of his conviction and subsequent appeals,” said the spokesman.

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