Watchdog reviewing how Greater Manchester Police handled complaint about Andrew Malkinson investigation
A police watchdog is carrying out a review of how GMP handled a complaint about its investigation into the Andrew Malkinson case. The 57-year-old spent 17 years in jail after being convicted of a brutal rape but this week his conviction was quashed by the Court of Appeal judges.
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. He was jailed for life with a minimum term of seven years but remained in prison for a further decade because he maintained his innocence.
At the time of his trial there was no DNA evidence linking Mr Malkinson to the crime. He was convicted solely on identification evidence. The 33-year-old victim told Manchester Crown Court she was "100 percent" certain he was her attacker after picking him out on an ID parade.
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The case was referred to the Criminal Cases Review Commission, which investigates potential miscarriages of justice, three times. On the third occasion they referred it to the Court of Appeal in January after new DNA evidence was discovered.
On Wednesday, three top judges sitting at the Court of Appeal quashed his rape conviction. Edward Henry KC, representing Mr Malkinson, told the court: "DNA testing which Malkinson has called for since his arrest some 20 years ago now supports his long standing protestations of innocence. Also this DNA testing...points to a credible suspect who could not be the appellant."
In December last year GMP arrested a 48-year-old man in Exeter on suspicion of the rape and he remains on bail under investigation. Mr Henry also


