The criminal cases review commission (CCRC) claimed in their 24th January 2023 statement, which they headed New DNA breakthrough leads to rape and assault conviction being sent back to the Court of Appeal;
The Criminal Cases Review Commission (“CCRC”) has referred a man’s rape and assault convictions to the Court of Appeal after new DNA testing has revealed a potential alternative suspect.
Excerpt from CCRC 24th January 2023 statement here
2006: DNA Samples Contaminated
In 2006 however violent rapist Andrew Malkinson complained that DNA samples had been contaminated;
Despite fresh evidence detailing the contamination of DNA samples, there was sufficient evidence linking a defendant to a violent rape attack for his conviction to be safe.
R V ANDREW NICHOLAS MALKINSON (2006) 7th July 2006 here
In July 2006 Paul Keaveny reported for Bolton news under the header Rapist loses fight to cut life term that samples from Andrew Malkinson’s victim may have been contaminated;
His appeal against conviction primarily related to fresh scientific evidence.
Since his trial, it had been discovered that swabs used to take samples from the woman may have been contaminated.
At the Criminal Appeal Coutt, Lord Justice Gage, sitting with Mr Justice Bean and Judge John Griffith Williams, said he was “quite satisfied” the convictions were safe.
“We have no doubt that, if the jury had this fresh evidence before them, it would have reached the same verdicts,” he said.
In relation to Malkinson’s sentence, Lord Justice Gage noted the contents of a report by a psychiatrist, which said the man who committed the attack posed a high risk of harm to the public, given the nature and severity of the assault.
Lord Justice Gage said:
“In our judgment, the judge was right to conclude, as he did, that this was one of the most serious cases of this kind.
By Paul Keaveny for Bolton news article headed Rapist loses fight to cut life term dated 11th July 2006
INNOCENCE FRAUD WATCH 