'I watched an innocent man sent down for life for rape - this is how it happened'

It was, I thought, the conclusion of a robust, driven, and successful police investigation. A jury at Manchester Crown Court convicted Andrew Malkinson of the brutal rape of a mother-of-two on a motorway embankment at Little Hulton. Salford.

The jury were not unanimous in their decision. Ten of them thought he was guilty and two didn't. As the verdict was delivered I was sitting on the press bench in court that day, February 10, 2004.

As he left the dock Mr Malkinson looked straight at me. His angry expression I interpreted as contempt for the press, who were about to write that he, a dangerous man, was facing a potential life sentence. There was both rage and bewilderment in his eyes. Now I know why - he was an innocent man.

Yet at the time the conviction appeared understandable, if not rock solid. There was no forensic evidence to put Mr Malkinson at the scene. The prosecution's theory was this was because the attacker was forensically aware and had worn a condom. And the victim, told the court she was "100 percent" certain that the man in the dock and her attacker were the same person.

In the immediate aftermath of Mr Malkinson's conviction I obtained quotes from a senior detective who told me: "Malkinson is a very dangerous man. The victim was left with horrific injuries and could easily have died. It is through sheer determination that she managed to survive and help us bring Malkinson to justice."

Crucially he also said: "I cannot praise her enough for the bravery and courage she has shown. She worked with officers, re-living the attack to help us build up an accurate description of the offender."

That description, with colossal hindsight, was the first indication of a flawed investigation. This week, having