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Fresh appeal granted as DNA testing reveals alternative suspect in Andrew Malkinson case

Posted on 27 January 2023

Having spent nearly two decades fighting to clear his name, Andrew Malkinson has had his conviction referred for a fresh appeal hearing following new analysis of DNA evidence.

In 2004, Mr Malkinson was convicted of rape, despite the absence of any forensic evidence linking him to the attack and notable discrepancies with the descriptions provided by eyewitnesses.

Commissioned by APPEAL, the charity and law practice that fights miscarriages of justice, analysis of DNA samples taken from the victim and her clothing at the time has revealed the presence of unknown male DNA.

The statutory body responsible for investigating miscarriages of justice, the Criminal Cases Review Commission has decided there is a real possibility that the Court of Appeal will overturn the conviction of Mr Malkinson.

Mr Malkinson spent more than 17 years in prison following his conviction, even though he was eligible for release after nearly six and half years.

Mr Malkinson said: “I am innocent. Finally, I have the chance to prove it thanks to the perseverance of my legal team at APPEAL. I only have one life and so far 20 years of it has been stolen from me. Yesterday I turned 57 years old. How much longer will it take?”

Mishcon de Reya is proud to support APPEAL on a pro bono basis.

Jessica Dunk, Associate at Mishcon de Reya said: "It has been a pleasure to assist APPEAL and to work with Andy's wider pro bono team at Latham & Watkins, Ropes & Gray and the bar. I am so pleased that after 20 years Andy finally has the opportunity to clear his name. The decision to refer this case to the Court of Appeal is the result of countless hours of work by the brilliant and tenacious team at APPEAL, and Andy's commitment to justice and accountability."

Read more at APPEAL.

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