Andrew Malkinson Challenges Legal Fee Deductions on Compensation
Andrew Malkinson has urged government intervention after being asked to deduct legal fees from his compensation for wrongful conviction of rape. He estimates potential additional costs of up to £10,000 for expert witnesses who supported his successful court challenge, describing the demand as "penny-pinching."
"I think this is something [Justice Secretary] David Lammy could fix with the stroke of a pen tomorrow easily," he told BBC Radio 4's Today programme.
Malkinson served over 17 years in prison for a violent 2003 attack in Greater Manchester, a case regarded as one of the most severe miscarriages of justice in British history.
"I don't know what the justification is but it doesn't make any sense at all to do that except to say obviously they are trying to claw back as much as possible," he said.
"It's really wrong, it feels vindictive. Why doesn't the state, the perpetrator of the injustice, pay the costs for the experts and legal fees because they caused the damage, not me?"
The Ministry of Justice has been contacted for comment.
Malkinson's remarks to the BBC on Tuesday came shortly after Paul Quinn was convicted of rape last month.
Reflections Following the Conviction of the True Perpetrator
In his first broadcast interview since Quinn's conviction, Malkinson spoke on the BBC's Shadow World: Stolen Years podcast:
"I've been cheated, very badly cheated."
He expressed gratitude that authorities had "finally got the real perpetrator" and relief for the victim.
"I did think, 'I wonder how she's feeling now?'"
Malkinson noted the prolonged suffering endured by both himself and the victim over a quarter of a century.
On the day 52-year-old Quinn was found guilty of rape, strangulation, and grievous bodily harm, Malkinson was visiting ancient ruins in Rome, Italy.
"Anger came bubbling up as well because I've been the one that took the full blast of the blame for it for so long," he said.
He emphasized that he had served "somebody else's punishment" despite the absence of DNA evidence linking him to the crime.
Background of the Wrongful Conviction
Malkinson, now 60, consistently maintained his innocence but was convicted after identification at a police lineup.
After numerous failed appeals, his conviction was quashed in 2023 when the Crown Prosecution Service acknowledged that DNA from the victim's clothing belonged to the true attacker, identified as Quinn.
The Court of Appeal also found that evidence potentially beneficial to Malkinson's defense had not been disclosed.
Malkinson continues to await the outcome of a judge-led inquiry into the reasons behind his wrongful conviction. Its findings will be pivotal in his ongoing legal pursuit of compensation.
Investigations and Institutional Failures
The Criminal Cases Review Commission (CCRC), which twice declined to assist Malkinson, faced severe criticism last year in an independent report citing multiple failures, including neglecting to act on new DNA evidence when it became available.
Greater Manchester Police's (GMP) handling of the case and conduct of six officers are under investigation by the Independent Office for Police Conduct (IOPC), the police complaints watchdog.
The IOPC is examining whether officers adhered to proper procedures during Malkinson's identification as a suspect, if witnesses were incentivized to provide evidence, alleged nondisclosure of information that could have aided Malkinson's defense, and whether evidence handling and disposal were appropriate.
During legal proceedings last month, the court heard that the victim had expressed uncertainty about Malkinson being the attacker during his 2004 trial after seeing him in person.
She reported that an officer dismissed her doubts as nervousness and approved proceeding with the trial. The victim stated she felt frightened and complied with officers' instructions at the time.
BBC Radio 4 Podcast Documents Malkinson's Life Post-Release
The four-part BBC Radio 4 podcast series Shadow World: Stolen Years follows Malkinson's efforts to rebuild his life after his release from prison in 2020.
"I'm extremely curious as to why my life was turned upside down like it was," said Malkinson.
"I can process it then, because then you know what the truth is - the objective truth, not a given truth. And so I can process it and move on eventually, hopefully."
Details of the Crime and Conviction of Paul Quinn
Quinn, a convicted sex offender, was found guilty of attacking a young mother as she walked home in Salford in the early hours of 19 July 2003.
The victim was assaulted with beating, biting, and a fractured cheekbone. Quinn strangled her unconscious and raped her.
Jurors at Manchester Crown Court heard that DNA from Quinn's saliva was found on a vest the victim wore that night.
In 2023, Quinn's DNA was also recovered from a medical instrument used during the victim's examination, which had not been previously tested. He had researched online how long police retain such samples.
Quinn is scheduled for sentencing on 5 June.
Ongoing Police Investigations and Appeals for Information
Detective Constable Jim Partington stated that GMP is reviewing unsolved cases from the past that Quinn might be connected to, given the extreme violence involved in this case.
"I think the likelihood is there probably are other victims," said Partington. He added, "There's three crimes, ranging I think from 2003 to 2010, that have been looked at in detail now… there's not really any definitive link but we certainly are re-reviewing local crimes."
GMP has appealed for anyone who may have encountered Quinn to provide information.
Mental and Emotional Impact on Malkinson
Malkinson spoke about the mental toll of maintaining his innocence over 23 years.
"I get tired of the whole case," he said. "This has been continuous, really, since 2003. It's painful to have it constantly there."
He revealed taking breaks from the legal battle helped him "breathe more freely." Recently, he visited Australia, where his two half-sisters, whom he had not seen for 35 years, reside.
Malkinson brought binoculars to indulge his passion for stargazing.
He reflected on his time in prison, noting that he used to dream of stars but rarely saw them due to floodlight pollution at HMP Frankland.
"If I figure I live to 80, that's only 20 years and 20 years will soon pass," he added. "So I've got to make the best of it while I can."
The full boxset of BBC Radio 4's Shadow World: Stolen Years is available on .
