GMP and CPS lawyers WON'T contest appeal of man who spent 17 years in jail for rape after new evidence comes to light

GMP will not contest the appeal of a man who spent 17 years in jail for a rape he denies. Crown lawyers will also not oppose the move by Andrew Malkinson, whose case is due to heard by the Court of Appeal in July.

Mr Malkinson was 37 when he was found guilty on February 10, 2004, by a 10-2 majority of carrying out a violent sex attack on a mum-of-two by the M61 motorway in Little Hulton, Salford.

As reported in the Manchester Evening News last year, his legal team say they have evidence to prove Andrew did not commit the crime. DNA has linked another unknown male to the attack, they say.

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In January, the Criminal Cases Review Commission (CCRC), an independent body that investigates potential miscarriages of justice, referred the case to the Court of Appeal after it carried out its own forensic inquires and DNA testing revealed a potential alternative suspect.

At a directions hearing at the Court of Appeal in London on May 3, Lord Justice Holyroyde, Mrs Justice McGowan and Mr Justice Holgate, directed that a full Appeal hearing should be held in July this year; and that if the victim in the case was to be re-interviewed by police it must be done by June 9. 

The July hearing will decide the full grounds for the appeal. It was also directed that a final scientific report on the case must be submitted by May 19.

Mr Ed Henry KC, for Mr Malkinson, told the court that Andrew had been given a life sentence after being convicted of rape and attempted strangulation, with a minimum tarrif of seven years. His earliest release date was 2010 but he was actually released in late 2020.

Mr Henry said Andrew never admitted his guilt to take the "softer option of