Andrew Malkinson criticises apology from Criminal Cases Review Commission after he was wrongly jailed for 17 years
A man wrongly jailed for 17 years for a rape he did not commit has said it is “too little too late” after receiving an apology from the Criminal Cases Review Commission (CCRC).
Andrew Malkinson was jailed in 2003 but eventually released in December 2020.
His charges were quashed last year after new DNA evidence potentially linked another man to the crime.
The CCRC has now offered Mr Malkinson an unreserved apology after the completion of a report from an independent review by Chris Henley KC into the handling of the case.
But reacting to the apology, Mr Malkinson said the time for CCRC chairman Helen Pitcher OBE to apologise was when he was exonerated last summer.
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Malkinson: Wrongly imprisoned for rape
“The CCRC’s delay in apologising to me added significantly to the mental turmoil I am experiencing as I continue to fight for accountability for what was done to me,” Mr Malkinson said.
“The CCRC’s failings caused me a world of pain. Even the police apologised straight away. It feels like Helen Pitcher is only apologising now because the CCRC has been found out, and the last escape hatch has now closed on them.”
He said his lawyer had written to Ms Pitcher last September requesting an apology, to which she refused.
He added: “It is hard for me to see the sincerity in an apology after all this time – when you are truly sorry for what you have done, you respond immediately and instinctively, it wells up in you.”
Earlier on Thursday, Ms Pitcher released a statement saying: “Mr Henley’s report makes sobering reading, and it is clear from his findings that the commission failed Andrew Malkinson. For this, I am deeply sorry. I have written to Mr Malkinson to offer him my sincere regret and an unreserved apology on behalf of the commission.
Addressing beliefs that she was unwilling to apologise, Ms Pitcher added: “For me, offering a genuine apology required a clear understanding of the circumstances in which the commission failed Mr Malkinson. We now have that.
Mr Malkinson protested his innocence for years. Pic: PA
“Nobody can ever begin to imagine the devastating impact that Mr Malkinson’s wrongful conviction has had on his life, and I can only apologise for the additional harm caused to him by our handling of his case.”
Mr Malkinson had applied for his case to be reviewed by the CCRC in 2009, but at the conclusion of its review in 2012 the commission refused to order further forensic testing or refer the case for appeal, amid concerns over costs.
A second application was rejected in 2020.
Read more:
Investigation launched into Andrew Malkinson case
Police and CPS ‘knew another man’s DNA was on victim’s clothes’
Critical DNA evidence had been available since 2007, but no match was found on the police database at the time.
Since Mr Malkinson had his conviction quashed, dozens of rape and murder convictions from before 2016 are set to undergo fresh DNA testing to identify potential miscarriages of justice.
The CCRC said it has re-examined nearly 5,500 cases that it previously rejected in the light of improvement in DNA analysis techniques.
Its initial trawl last summer found around a quarter of the cases are those where the identity of the offender is challenged.
Focusing on those, it says there are potentially several dozen cases where DNA samples could be retested using the DNA 17 technique, first introduced in 2014.
UK drivers are “confused” by the country’s electric car transition, ministers are being warned.
Although most drivers are not hostile towards electric vehicles (EVs), many are confused about what changes are coming and when, according to new research from the AA.
In a survey of more than 14,000 AA members, 7% thought the government was banning the sale of used petrol and diesel cars.
Around a third thought manual EVs exist, despite them all being automatic.
More than one in five said they would never buy an EV.
The government’s plan for increasing the number of electric vehicles being driven in the UK focuses heavily on increasing the supply of the vehicles.
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What you can do to reach net zero
In 2024, at least 22% of new cars and 10% of new vans sold by each manufacturer in the UK had to be zero-emission, which generally means pure electric.
Each year, those percentages will rise, reaching 80% of new cars and 70% of new vans in 2030.
Manufacturers will face fines of £15,000 per vehicle if electric vehicle sales fall short of 28% of total production this year.
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By 2035, all new cars and vans will be required to be fully zero emission, according to the Department for Transport.
Second-hand diesel and petrol cars will still be allowed to be sold after this date, and their fuel will still be available.
There are more EVs – but will people buy them?
In February, 25% of new cars were powered purely by battery and in January, they made up 21% of all new cars registered in the UK.
But despite the growth of electric sales, manufacturers continue to warn that the market will not support the growth required to hit government EV targets, and called for consumer incentives and the extension of tax breaks.
The AA suggested the government’s plan focuses on “supply but does little to encourage demand for EVs”.
It called on ministers to co-ordinate a public awareness campaign alongside the motoring industry which directly targets drivers who doubt the viability of EVs.
“Our message to government is more needs to be done to make EVs accessible for everyone,” said Jakob Pfaudler, AA chief executive.
Which? head of consumer rights Sue Davis said: “When it comes to making sustainable choices such as switching to an electric car, our research shows that people are often held back by high costs, complex choices or uncertainty.
“The government needs to provide the right information on electric vehicles and other sustainable choices so that people have the confidence to switch.”
A Department for Transport spokesperson said: “We’re investing over £2.3bn to help industry and consumers make a supported switch to EVs.
“This includes installing a public charge point every 28 minutes, keeping EV incentives in the company car tax regime to 2030, and extending 100% first-year allowances for zero-emission cars for another year.
“Second-hand EVs are also becoming cheaper than ever, with one in three available under £20,000 and 21 brand new models available for less than £30,000.
“We’re seeing growing consumer confidence as a result.”
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