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Man who served 17 years in jail for rape he did not commit dismisses apology from UK review body

  • Andrew Malkinson, 58, had his conviction quashed last July after DNA linked another suspect to rape
  • Criminal Cases Review Commission has offered an apology but Malkinson said it was ‘too little too late’

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Andrew Malkinson in 2023. File photo: PA via AP
Associated Press

A British man who spent 17 years in prison for a rape he did not commit dismissed an “unreserved apology” on Thursday from a review body that twice turned down his attempts to have his conviction referred to the Court of Appeal.

Andrew Malkinson, 58, had his conviction quashed last July by the appeal court after DNA evidence linked another suspect to the crime. He had applied to the Criminal Cases Review Commission, or CCRC, which investigates potential miscarriages of justice, on two occasions – the first time in 2009 – but was rebuffed both times.

Following an independent review of its involvement, the commission’s chairwoman Helen Pitcher said it was “clear” that the body had failed Malkinson. The review has not yet been published.

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“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,” she said. “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.”

Malkinson said he felt “vindicated” by the apology, but that “it is too little too late”.

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“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,” he said in a statement issued on his behalf by legal charity Appeal. “The CCRC’s failings caused me a world of pain. Even the police apologised straight away.”

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