As previously stated in Part 3 of this ongoing blog series, the criminal cases review commission (CCRC) made a statement following their referral to the court of appeal in relation to the convictions of violent rapist Andrew Malkinson.
The CCRC’s 24th of January 2023 statement included the following:
The new DNA evidence found by the CCRC does not prove that the man on the DNA database committed these or any offences.
24th January 2023 Source here
However two days after the CCRC’s statement, Lauren Davidson (for Grimsby live here) reported that a 48 year old man had been arrested on suspicion of the attack and rapes that Andrew Malkinson is currently still convicted of.
Lauren Davidson stated some of the following in her article;
In the early hours of July 19, 2003, a mum-of-two, 33, from Kearsley, Greater Manchester was walking home after a row with her boyfriend when she was approached from behind and attacked in Cleggs Lane, on the border of Bolton and Little Huton.
She was dragged onto an embankment by the M61, raped, strangled until she was unconscious and left for dead.
On December 13, 2022, a 48-year-old man from Exeter was arrested in connection with the attack, after his DNA was found on the victim’s clothing and in samples taken from underneath her fingernails shortly after the attack took place.
A spokesperson for Greater Manchester Police said:
“Greater Manchester police will continue to assist and co-operate with the CCRC’s review of this case.
Following the discovery of new DNA evidence a full forensic review is now taking place and on 13 December 2022 a 48-year-old man from Exeter was arrested on suspicion of a rape that took place in July 2003.
He has been released under investigation.
On Tuesday, January 24, Andrew’s conviction was referred for a fresh appeal hearing, meaning his conviction could be overturned by the Court of Appeal.
Helen Pitcher, the chair of the CCRC, said:
“This referral highlights the importance of the CCRC to our criminal justice system.
New evidence can come to light years after a conviction, and in this case years after our first review of Mr Malkinson’s application
Excerpts by Lauren Davidson for Grimsby Live article headed Who is Andrew Malkinson from Grimsby, what was he jailed for and why has someone else been arrested? dated 26th January 2023
Andrew Malkinson strangled his victim until she fell unconscious and raped her vaginally and anally whilst she was still passed out.
Lauren Davidson also stated;
At an identity parade, which was carried out at 1am, he was also picked out by the victim, who told the court she was “more than 100% certain” he was her attacker.
by Lauren Davidson for Grimsby Live article headed Who is Andrew Malkinson from Grimsby, what was he jailed for and why has someone else been arrested? dated 26th January 2023
Bizarrely Lauren Davidson also made the following claim;
At the time, Malkinson’s arrest and subsequent conviction relied solely on witness identification as evidence – there was never any forensic evidence which linked him to the crime.
by Lauren Davidson for Grimsby Live article headed Who is Andrew Malkinson from Grimsby, what was he jailed for and why has someone else been arrested? dated 26th January 2023
In reality there was a wealth of other incriminating evidence against Andrew Malkinson.
Including the fact he had owned a pair of dark boots, which the violent rapist was described as wearing at the time as well as black trousers and a white shirt.
He also attempted to flea the county after his attack and had someone drive him to Manchester airport.
Neal Keeling for Manchester evening news reported in August 2004;
A security guard and former amateur boxer has been warned he could get a life sentence for the rape of a mother of two.
Andrew Malkinson, 37, throttled his victim until she lost consciousness as she begged for her life, saying she had two babies.
He then raped her and left her for dead with appalling injuries on an embankment next to the M61 at Little Hulton, Salford.
The 33-year-old woman had severe bruising to her face, a fractured cheekbone, an injury to her voice box, and a laceration to her breastBut she had warned her attacker as he strangled her that she would never forget his face, and she picked him out in an identity parade.
Malkinson, who is originally from Grimsby but had been living in a flat close to where the woman was attacked, was found guilty of two counts of rape and attempting to choke, suffocate or strangle with intent to commit rape.
The court heard his victim had been to a family barbecue one night in July, but decided to walk home after a row with her boyfriend.
At about 4.30am she was walking along a road in Little Hulton, when Malkinson shouted from bushes:
“I suggest you come into the bushes – I have a gun pointing towards you.”
She carried on walking but Malkinson followed her to Cleggs Lane where he grabbed her and forced her down an embankment next to the motorway.
Judge Michael Henshell told Malkinson that his actions were those of a sexual predator and as he was considering a life sentence he wanted to adjourn sentencing for psychiatric reports to be prepared.
He said the evidence was that Malkinson had stalked the victim for two thirds of a mile along a deserted road and that he was in possession of a condom.
He added:
“After being raped she was mercilessly beaten. There is a duty that requires me to protect the public from sexual predators”
By Neal Keeling for Manchester evening news article headed Rapist facing life in prison dated 13th August 2004
Amd in another article for Manchester evening news excerpts read;
Oddball drifter Andrew Malkinson was careful not to leave any forensic clues for detectives.
By chance, four weeks before Malkinson committed the vicious rape, he was riding pillion on an off-road motorbike which was stopped by Little Hulton community beat officers, Pc Gary Waite and Pc Christopher Baybutt.
They warned the rider not to use the machine on the road and took his details and Malkinson’s.At the time Malkinson was working as a security guard at the Ellesmere Shopping Centre, in Walkden.
A month later an E-fit of the man who committed the Little Hulton rape and his description were circulated to local officers.The two Pcs – who have been recommended for a commendation by Judge Michael Henshell – realised the remarkable similarity to Malkinson and alerted senior officers that they had a suspect.
Two weeks later, after gathering further information, police went to arrest Malkinson but he had left his flat.He had been driven to Manchester Airport by a colleague after claiming he intended to return to Holland where he had lived for several years.
He never got a flight and detectives suspected he was laying a false trail for them.
Excerpts from a Manchester evening news article headed Strange drifter who covered his tracks dated 13th August 2004
INNOCENCE FRAUD WATCH 