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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
Exasperatednow · 27/07/2023 18:47

wayyour · 27/07/2023 12:27

"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."

I hadn't heard any of this! Shocking isn't it.

Police archive their own cases now. There is no national archive.

And there should be a compensation scheme. This man should be compensated in the same way medical neigence cases are. His life has been utterly altered.

SerendipityJane · 27/07/2023 19:20

MrsBennetsPoorNerves · 27/07/2023 15:30

The bed & board thing is absurd. The poor man was wrongfully deprived of his freedom for 17 years. How dare anyone even suggest that he should have to pay for the privilege?

It has been that way since forever.

And when I was outraged by it a quarter of a century ago, I was told (in very patronising tones) by lawyers that it was only fair. After all we all have to spend money on board and lodging don't we.

Regulars to my postings will know I have as much time for "justice" in the UK as I do the institutions that purport to serve it.

And since the government arbitrarily capped the maximum that can be paid out in compensation, it's still not impossible someone wrongfully imprisoned could be released owing the Home Office for their incarceration. To cheers from some corners of this forum too. That's if they aren't too hoarse from cheering child poverty.

duc748 · 16/08/2023 13:53

What I don't get is, considering the rate of conviction in rape cases is so low, how did anyone ever get convicted without DNA evidence?

RadioBamboo · 18/08/2023 11:54

wayyour · 27/07/2023 12:39

Jesus that's appalling @Eggonmychips

Board and lodgings to HMP indeed! I don't even understand how or why that works. If he had actually been guilty he would never have needed to repay on leaving after finishing his sentence.

I hope he receives a lot of assistance in getting his life back together.

As I understand it, the board-and-lodging element falls into a pretty matter-of-fact financial calculation. In other words, how much worse off is he financially because of all this - that's worked out by calculating how much he could have earned over all those years, saved, put into a pension, but also how much he would have spent on among other things board and lodging. Then separately there will be an element of his damages that is not simply financial based on the distress and psychological harm caused.

Dobbyatemysocks · 18/08/2023 13:01

@SerendipityJane I came on here to mention both of those cases and in fact the film 'In the name of the father'

There have been mentions in the press that the government minister has stated that they will not be applying the 'pay for lodgings' rule to this man but that also depends on them being transparent and open about it. The government or people who decide this will no doubt try to find a way to stop paying out compensation. I think they will be keeping an eye on public opinion for this and with it coming up to an election soon they will need something to be be seen as the 'good guys'.

That said, mud sticks and it only takes one individual to take matters into their own hands and seek 'justice'. Where will the government, CPS etc be then??

Boxofstars · 29/08/2024 23:52

DuesToTheDirt · 26/07/2023 18:19

So he could have been out much earlier if he'd "admitted" his crime.

This always makes me hesitant about the calls for murderers who've hidden bodies to get longer sentences if they don't reveal the location of the body - what would happen if you couldn't reveal it because you were innocent?

Why would he admit to something he had not done?. I certainly wouldnt.

He even said he would rather be in jail forever than admit to a crime he didnt commit. That is a honourable person.

duc748 · 30/08/2024 00:09

Why would he admit to something he had not done?. I certainly wouldn't.

It could cost you more years in prison. It's a brave man (or woman) who takes that option.

SerendipityJane · 30/08/2024 10:04

Boxofstars · 29/08/2024 23:52

Why would he admit to something he had not done?. I certainly wouldnt.

He even said he would rather be in jail forever than admit to a crime he didnt commit. That is a honourable person.

Show quote history

Why would he admit to something he had not done?.

Note story details

I certainly wouldn't.

Well, bully for you as my DM would have.said.

https://www.bbc.co.uk/news/articles/cdrlnnk7lpro

Ravinder Naga

Man cleared after confessing to Post Office theft to protect mum

Ravinder Naga pleaded guilty to stealing £35,000 but Appeal judges have overturned his conviction.

https://www.bbc.co.uk/news/articles/cdrlnnk7lpro

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