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Original poster

Andrew Malkinson conviction quashed

84 replies

LunaNorth · 26/07/2023 18:14

I listened to the podcast 17 Years only the other week. I’m so pleased that this man has had his innocence acknowledged, but horrified that the perpetrator of such a heinous crime is still free, and his victim hasn’t had justice.

How can anyone come to terms with spending 17 years of their life stolen?

The mind boggles. It’s my worst nightmare.

OP posts:
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7
Tulipvase · 26/07/2023 22:58

I heard a radio interview earlier and they said that the main witness was a known petty criminal who had several charges dropped days after he gave a statement to the police. If that’s true…..

Tulipvase · 26/07/2023 23:09

Tulipvase · 26/07/2023 22:58

I heard a radio interview earlier and they said that the main witness was a known petty criminal who had several charges dropped days after he gave a statement to the police. If that’s true…..

Witness might not be the right term.

PrincessFiorimonde · 26/07/2023 23:55

Really shocking. I hadn't heard about the case before, but my jaw dropped to hear some of the details on radio and TV today. I'd like to say I can't believe GMP 'lost' evidence and failed to disclose the background of the 'eyewitness' - but, sadly, I can indeed believe it only too well.

Even if Andrew Malkinson gets a shitload of compensation, how can that make up for all those stolen years?

I hope that the rape survivor will finally get the justice denied her so far.

AutumnCrow · 27/07/2023 06:01

The Court of Appeal wants to hear back from the CPS about matters arising on or around 16th August, I believe the chief judge said?

onefinemess · 27/07/2023 07:06

PuttingDownRoots · 26/07/2023 18:26

It highlights how difficult rape cases are... from the news articles the only evidence was witness ID. But witnesses can be unreliable.

There's no winners here... the victim still hasn't had justice and AM has still lost his whole life really.

Yeah, and people today want men convicted without needing ANY evidence, just a report and a woman saying it happened is enough for most on here.

SerendipityJane · 27/07/2023 07:26

Even if Andrew Malkinson gets a shitload of compensation, how can that make up for all those stolen years?

And it's a big if.

AutumnCrow · 27/07/2023 08:06

SerendipityJane · 27/07/2023 07:26

Even if Andrew Malkinson gets a shitload of compensation, how can that make up for all those stolen years?

And it's a big if.

He and his legal team made that point outside the Court of Appeal - to be awarded compensation he has to prove his innocence.

If the CPS choose not to charge ‘Mr B’ the suspect under investigation, and/or if they don’t secure a conviction, then AM might really struggle to be awarded anything at all. Meanwhile he’s homeless, jobless and in compromised health.

His best bet may be to sue GMP for damages, if his solicitor can find another specialist firm to take it on (NOT Jolyon’s lot).

onefinemess · 27/07/2023 08:13

AutumnCrow · 27/07/2023 08:06

He and his legal team made that point outside the Court of Appeal - to be awarded compensation he has to prove his innocence.

If the CPS choose not to charge ‘Mr B’ the suspect under investigation, and/or if they don’t secure a conviction, then AM might really struggle to be awarded anything at all. Meanwhile he’s homeless, jobless and in compromised health.

His best bet may be to sue GMP for damages, if his solicitor can find another specialist firm to take it on (NOT Jolyon’s lot).

Show quote history

That's fucking disgusting.

So basically the state can put anybody they like in prison and then just walk away if that person is found innocent?

bellac11 · 27/07/2023 08:15

So where is he living and how is he funding himself, I suppose he doesnt even get probation support because he's not on probation

MrsJellybee · 27/07/2023 08:15

onefinemess · 27/07/2023 08:13

That's fucking disgusting.

So basically the state can put anybody they like in prison and then just walk away if that person is found innocent?

Show quote history

A quashed conviction means the conviction is unsafe, not that the individual is innocent. Which is why they won’t compensate.

listsandbudgets · 27/07/2023 08:16

Compensation is a very big if.

Look what happened to Victor Nealon. Again DNA evidence was found that cleared him agan he spent 17 years in prison pleading he was innocent...and then he was denied compensation.

Victor Nealon

Innocent, jailed and uncompensated: these are the men our system fails | Jon Robins

Sam Hallam and Victor Nealon’s lost supreme court appeal shows the scandal of British law, says law and justice journalist Jon Robins

https://www.theguardian.com/commentisfree/2019/jan/31/supreme-court-miscarriages-justice-appeal-sam-hallam-victor-nealon

NeverDropYourMooncup · 27/07/2023 08:23

LakeTiticaca · 26/07/2023 18:16

Absolutely shocking. The police should hang their heads in shame.
There is now somebody on bail for the crime, since they " suddenly " found new evidence after all these years 😡

Makes me wonder whether the new person used to be a GMP officer, to be honest...

StefanosHill · 27/07/2023 08:25

Listening to him now. So sad, he speaks very well.

onefinemess · 27/07/2023 08:26

MrsJellybee · 27/07/2023 08:15

A quashed conviction means the conviction is unsafe, not that the individual is innocent. Which is why they won’t compensate.

Show quote history

But surely that means the same thing.

The state admitting that THEIR procedures are not fit for purpose.

MrsBennetsPoorNerves · 27/07/2023 08:39

MrsJellybee · 27/07/2023 08:15

A quashed conviction means the conviction is unsafe, not that the individual is innocent. Which is why they won’t compensate.

Show quote history

I don't understand this. I thought that the presumption of innocence until proven guilty was one of the essential foundations of our justice system.

How on earth is someone supposed to prove that they didn't do something?

SerendipityJane · 27/07/2023 08:41

onefinemess · 27/07/2023 08:26

But surely that means the same thing.

The state admitting that THEIR procedures are not fit for purpose.

Show quote history

Not on planet UK.

And now the conviction has been overturned, there will have been no reason for him to have been in jail. So he will owe them his board and lodging for 17 years.

At least if you are guilty it's free.

ruffler45 · 27/07/2023 08:46

GMP dont have a good track record, 88000 cases not recorded, police chief resigned, expensive and useless computer system and Andy Burnham (ex MP and Manchester mayor as Police commissioner who keeps his head down when there is any bad news he might be associated with.

AutumnCrow · 27/07/2023 08:48

bellac11 · 27/07/2023 08:15

So where is he living and how is he funding himself, I suppose he doesnt even get probation support because he's not on probation

His mum has been supporting his appeal - she was there yesterday - so possibly he’s staying with her for a bit. But basically I don’t know. She may only have a one bedroom retirement flat.

Can you imagine putting that poor man through a UC claim and Work Capability Assessment? Well that’s what awaits.

Although he’s done OU Maths. I hope he gets offered a decent job that eases him in gently to life again. Everything is so different now in the world.

ruffler45 · 27/07/2023 08:49

Forgot to mention Andy Burnham more interested in train stations than dealing with crime.

StormShadow · 27/07/2023 08:59

AutumnCrow · 26/07/2023 19:49

I watched the live proceedings from the Court of Appeal and the subsequent statements given outside the court.

This isn't the full story, at all.

The GMP destroyed evidence unlawfully on three occasions identified by the investigator for the law charity Appeal. The Greater Manchester Police coaxed witnesses they knew to be unreliable. The GMP coaxed the victim. The appeal system failed Andy Malkinson on at least three identifiable occasions.

This is far beyond 'witness ID'.

If the forensic archive hadn't kept samples of the victim's clothes (that the GMP subsequently unlawfully destroyed) then AM would be unable to prove his innocence and would have died in jail.

'Compensation' is not an appropriate word in these in circumstances.

Show quote history

Yeah, this. What it actually highlights is that this was a fucking fit up.

AutumnCrow · 27/07/2023 09:03

StormShadow · 27/07/2023 08:59

Yeah, this. What it actually highlights is that this was a fucking fit up.

Show quote history

Yes - that’s the good old-fashioned term for it: a fit up.

crumpet · 27/07/2023 09:05

The HMP board and lodging is bewildering. It’s not as if he voluntarily made the booking!

ScottishIceCream · 27/07/2023 09:09

The police as a whole seem not have moved on from the 70s when fitting anyone up for the crime to get it out the way was more important that finding the right person.

Reading the actual court report, it was so obviously a major fit up.

It's worrying really when you're an innocent person, you still have something to worry about if someone decides to name you as a perpetrator and the police are wanting to get the case sorted quickly.

Alexandra2001 · 27/07/2023 09:12

ruffler45 · 27/07/2023 08:46

GMP dont have a good track record, 88000 cases not recorded, police chief resigned, expensive and useless computer system and Andy Burnham (ex MP and Manchester mayor as Police commissioner who keeps his head down when there is any bad news he might be associated with.

Why is Burnham associated with this? ....he has never been responsible for the appeals court process and has only been mayor for the last 5 years.

Strange subject to try and score politic points on.

GMP have recently been accused of raping a woman in a police cell and covering it up, Devon & Cornwall Polce chief forced to resign, over sex allegations, then we have the mess that is in the Met.... seems Police corruption goes much deeper than one ex MP, esp when their party isn't even in Govt & hence cannot instigate any change.

SerendipityJane · 27/07/2023 09:32

Can you imagine putting that poor man through a UC claim and Work Capability Assessment? Well that’s what awaits.

Also, he will have been deemed to have made himself unemployed, by being being released without being guilty. The benefits systems doesn't recognise a state of "banged up unjustly" when it comes to life.