Is Deceptive Nick Wallis The Hack Richard Moorhead Has Alleged Is Being “Threatened” By SLAPP Like Tactics? (Part 31)

Nick Wallis – photo courtesy of BBC Scotland TV show “disclosure”

Referring to alleged “leading academic commentator” Richard Moorhead, John Hyde has stated today via the law gazette;

Moorhead said he is aware of a journalist being threatened with ‘SLAPP-like tactics’ by a law firm in relation to their reporting of the inquiry.

John Hyde for the law society gazette here dated 9th February 2024

SLAPP stands for strategic lawsuits against public participation.

Innocence Fraud Watch emailed the post office horizon IT inquiry about concerns regarding the evidence of Duncan Atkinson, which included the fact Nick Wallis has falsely accused a post office auditor in his book The Great Post Office Scandal.

He has also written and published lies and concoctions regarding the case against thief and embezzler Seema Misra.

Tap on the button below to read more;

John Hyde also stated;

Moorhead said the legal profession could no longer approach legal ethics as ‘business as usual’ and that this attitude would result in more scandals like Horizon.

He cited website testimonials for lawyers who were instructed by the Post Office which boasted of how one individual was a ‘steamroller that crushes anything that gets in his way’.

Another KC was said to be able to ‘turn a pile of refuse into something that looks great’.

John Hyde for the law society gazette here dated 9th February 2024

The following excerpts are taken from a paper written by Richard Moorhead, Karen Nokes and Rebecca Helm from the university of Exeter (Source p.41 here);

Richard Moorhead, Karen Nokes and Rebecca Helm have not considered the way the website testimonials for lawyers instructed by the opposition “sell their services”, especially in comparison to their actual online behaviour.

For example, a website testimonial for Edward Henry boasted he was “utterly charming too”.

Yet Edward Henry’s online behaviour betrays this testimonial.

Link to Part 32 here

Nadia Sawalha From The TV Show Loose Women & Her Husband Mark Adderley On The Loyalty Of Psychopathic Serial Killer Lucy Letby’s “Deluded” Friends & Violent Rapist, Parasitic Predator & Convicted Fraudster Andrew Malkinson (Part 43)

Bad Judge Of Character

During a 22nd of August 2023 YouTube video partly titled LOYALTY of Lucy Letby’s “Deluded” FRIENDS Mark Adderley and Nadia Sawalha, who are husband and wife, talked about psychopathic serial killer Lucy Letby and the loyalty of her friends.

Referring to a friend of Lucy Letby, Mark Adderley stated;

Can we be such a profoundly bad judge of character

I mean that in of itself is not a crime for them to not believe what’s she done

I mean vast numbers of people could not believe she was doing what she was doing

Which is why you could argue this has happened

But is it the pressures of, of female friendship

Are their pressures around staying friends and loyal

Despite what your friends are and who they are

Mark Adderley – Source here

A male “best friend” of serial killer Lucy Letby spoke to Ricky Killeen here.

Lucy Letby’s friend gives the impression he has accepted she is guilty, but has chosen to remain loyal to her (for now at least).

Ricky Killeen asked Lucy Letby’s friend how he could stick by her, to which Roger (not his real name) stated;

She’s very damaged I think would be the right word

Erm again you’ve sort of asked me why, you know, main question I’d say that you’d be wondering and why a lot of people would be asking why have you actually stuck with her

And my honest thoughts that I will say in the case is that obviously a lot of people will plead guilty to an offence

And then they’ll go down the path of mitigation and try and persuade a court to reduce their sentence on the basis of well I had X, Y and Z going on, this contributed to why I did what I did

Now in my opinion, I mean I don’t particularly talk to Lucy about the case when I see her

But in my opinion if she had gone down that route and pled guilty to the charges and tried to mitigate for them

I think it would have potentially been the difference between a forty, fifty year sentence from a whole life order which she got

I also think it may have been the difference between immediate detention in a prison verses a secure hospital or something like that

Obviously I’m not, you know, I can’t pretend I’m any sort of expert in these matters

I’ve tried to educate myself through the course of the case in these past three or four years to try and find out as much as I can

But as a friend it wouldn’t be fair to her to say some of what I know but there are factors in play that I think would have explained her actions

Not excuse them, you can’t excuse what’s she’s done

But would have explained them

Because she hasn’t had the completely perfect upbringing and you know, eh sort of childhood that’s been painted in the press, that’s what I will say

Statements of male friend of Lucy Letby

Extraordinarily Manipulative

Nadia Sawalha responded to her husband Mark Adderley by stating;

Well I think there’s like a couple of things in there

First of all I think that you should never be attacked if you have had a bad judge of character

Because I think people can be extraordinarily manipulative

I mean a narcissistic psychopath

Or a narcissist is often the most cunning person you will ever come across in your life

And they will stop at nothing to play the game

To make you believe that they are somebody that they’re not

So to ever be attacked for that I think is just, is just wrong

Nadia Sawalha – Source here

Still referring to serial killer Lucy Letby and her friends loyalty, Nadia Sawalha then went on to state;

They really, really believe she didn’t do this

And maybe why they talking out is that they’re very, very scared

Because they believe that whoever did do it is still doing it

That’s the other thing that you’ve got to think about

Like why would you come forward and say it because you know you’re gonna get shit

But A – if you passionately believe that your friend is gonna get wrongly convicted

You’re also gonna have to passionately believe that the person is still out there, who’s done this

And therefore more babies are in danger

Nadia Sawalha – Source here (at around 14:01)

A “Wrongful Conviction” Or Miscarriage Of Justice Does Not Equate To Actual, Factual Innocence

In response to the above husband Mark Adderley agreed with his wife stating “”yes, yes, yeah” to which Nadia Sawalha then stated;

It’s like the guy you know

Who just did seventeen years for rape

Andrew Macklesphere (Malkinson)

You know, I listened to all his podcasts actually before he was released

And his terror at the thought that that man was still out there

I mean he stayed in prison for so much longer than he needed to

Because he’d said if I admitted..

At some point the person that did this must be put away

Because he was so dangerous

And he did like, he did like seven more years because he refused to say he did it when he hadn’t done it

Nadia Sawalha – Source here

Nadia Sawalha went on to state;

But, but not all verdicts are..

I 100% believe that she did it and I’m very glad that she’s gonna be put away for life

But I’ve just given another example of a man that has been put away for seventeen years, not

Verdicts are not always right

So often people are in prison that shouldn’t be

But what if she is

Well she is

A narcissist

Narcissists lie, so

They are the greatest actors

So I feel sorry for her friends

I don’t feel angry for her friends

Because I’ve seen many narcissists in my life

And I’ve seen many people, victims of narcissists

Nadia Sawalha – Source here

Violent rapist, parasitic predator and convicted fraudster Andrew Malkinson was originally arrested for attempted murder and rape.

However he was found guilty of attempting to “choke, asphyxiate or strangle” his victim and two counts of rape.

Andrew Malkinson was released from prison in December 2020.

The first part of the extraordinarily manipulative podcast Seventeen Years did not air until September 2021 – which was the year after Andrew Malkinson was released from North Sea Camp open prison.

Narcissistic Rapist Andrew Malkinson Was & Is Forensically Aware

It is not known exactly why Andrew Malkinson was denied parole and spent extra years in prison, although he has alleged it was because he refused to admit his guilt.

However Andrew Malkinson has never provided any proof to support his claims and has instead chosen to hide the parole boards actual decisions from the public.

Andrew Malkinson comes across as a raging narcissist who could well have attacked other women before he was arrested in August 2003.

As already stated in Part 37 of this blog series here there was an article published in May 2016 which was titled ‘Forensically aware’: Bob Woffinden on the shocking case of Andy Malkinson in which Andrew Malkinson (via writer Bob Woffinden) claimed his violent attack and rapes never happened and his victim had made everything up.

Writers Will Roe and Emily Dugan chose to omit this fact from their manipulative innocence fraud narrative, which was their Seventeen Years podcast series.

It is worth reading here what Andrew Malkinson was saying via Bob Woffinden about his victim back in 2016.

Writer Bob Woffinden also stated in 2016;

In 2003, during one of his occasional trips back to the UK to visit his mother, he was arrested at her home for attempted murder and double rape

Bob Woffinden

In Part 2 of Will Roe and Emily Dugan’s Seventeen Years podcast, this was again changed by Andrew Malkinson, who stated at around 17:00;

I’ll go and see my mum so I went to Grimsby to see my mum ‘cos I hadn’t seen her for a long time.

Changed my plans like I always do you know I’m – I’m a traveller

Andrew Malkinson

It is not known if Andrew Malkinson ever visited his mother Trish Hose or if she ever made a police witness statement.

In reality Andrew Malkinson seemingly fled from the area of his attack after he learned his victim was helping the police compose an E-fit.

None of Andrew Malkinson stories add up, including why he got his work colleague Simon Oakes to drop his off at Manchester airport and told Simon he was going back to Holland.

Andrew Malkinson was apprehended by the police on the 1st August 2003, while he was staying in a salivation army hostel in Grimsby.

To date Andrew Malkinson has failed to explain what he did with the clothing and footwear he wore while working as a security guard in Ellesmere shopping centre, Walkden and which his victim described he was wearing when he attacked her.

Forensically Aware Andrew Malkinson Has Not Proved His Actual, Factual Innocence

The appeal court judge, who told Andrew Malkinson in July 2023 he was “free” to leave the court, did not declare Andrew Malkinson innocent.

As previously stated, Andrew Malkinson had been “free” since December 2020.

The court of appeal quashed Andrew Malkinson’s convictions, which does not equate to a finding of actual, factual innocence.

The mainstream media, and many others, have falsely claimed Andrew Malkinson was “cleared” and many have also stated he “didn’t commit” his violent attack and rapes.

In reality – this was, and is, propaganda.

A minute speck of someone else’s DNA was found on the vest top of Andrew Malkinson’s victim.

Andrew Malkinson’s victims vest top was covered by her fleece jacket, which was still zipped up when she regained consciousness.

Therefore it is extremely likely, the minute speck of DNA, which could have been a minute flake of sloughed off skin, was picked up somewhere else, either hours, days, or weeks earlier and before Andrew Malkinson’s 2003 attack. And was not therefore related to any crime.

The fact the man, referred to as Mr B, who’s DNA has been linked to this minute speck of DNA has not been charged with any crime, suggests this was secondary transfer DNA or background DNA.

The defence expert claimed in their report, which was referred to during Andrew Malkinson’s July 2023 appeal, this minute speck of DNA was “crime specific”.

But again, in reality, this minute speck of DNA also could have been picked up by Andrew Malkinson’s victim anywhere along the route she walked home that morning.

There has been zero evidence presented to suggest violent rapist Andrew Malkinson should not have been in prison.

Andrew Malkinson’s victim has been ghosted by the mainstream media.

The Continuous Manipulation By Emily Dugan & Violent Rapist, Parasitic Predator & Convicted Fraudster Andrew Malkinson, His “Rolling Stone Life” & Living In A Tent (Part 42)

Andrew Malkinson in 2023

Before rapist Andrew Malkinson was convicted for his June 2003 violent attack and rapes in February 2004, he had spent time in a prison in Thailand.

The actual, factual details regarding Andrew Malkinson’s fraudulent crimes, which saw him imprisoned before he flew to the UK in 2003, remain sketchy.

In May 2016 writer Bob Woffinden published excerpts from a letter Andrew Malkinson had written to him from prison.

Referring to his time before being sent to prison Andrew Malkinson stated;

I had a ‘rolling stone’ life.

The work you are doing is generally seasonal, so you’re always looking to move on.

You have your freedom but little else.

Sometimes people are envious when you tell them of your travels, as though you’ve had more advantages in life than they have.

But you aren’t staying at the Ritz. More likely, you’ve paid a few dollars for a stinking hell-hole down the Khao San Road in Bangkok.

The advantage is that there isn’t time for things to go stale.

You are always meeting new people and facing fresh challenges. Some might find it an insecure lifestyle, but it suited me.

I left Amsterdam on 16 May 2003 with a return ticket to Gran Canaria.

Excerpts from a letter written by Andrew Malkinson to Bob Woffinden: The Nicholas Cases, published in May 2016

It is still not known why Andrew Malkinson did not use his return ticket to fly back from Gran Canaria to Amsterdam in 2003.

However on the 18th October 2023, writer Emily Dugan published yet another article in which she quoted Andrew Malkinson, who stated;

I want to know all the details of exactly how and why [this] happened.

Because I can’t rest until I know.

It’s my life and the suffering is incalculable.

Oceans of tears I’ve suffered because of that.

And I want to know why

Statement by Andrew Malkinson via a Guardian article by Emily Dugan headed Andrew Malkinson says wrongful rape conviction inquiry should be statutory dated 18th October 2023

The public still do not know what Andrew Malkinson did with the clothing and footwear he was wearing on the night he attacked his victim.

There has been zero evidence presented to demonstrate that Andrew Malkinson didn’t commit his violent attack and rapes in 2003, however Emily Dugan stated;

Malkinson spent the summer living on his former partner’s houseboat in Holland before going on a road trip through France and Portugal to Seville in a friend’s van.

This was the freedom he dreamed of while spending 17 years in prison for a rape he didn’t commit, but now he has it, it is also a painful reminder of what he lost.

“That sense of freedom was stolen from me for 20 years and very nearly for the rest of my life. I’ll never forgive them for that.”

His home is now a compact grey and orange tent, his one concession to luxury an inflatable airbed. He is subsisting on very little, knowing it is likely to be two years before he sees any compensation because he is planning a civil claim.

“You need financial freedom to be truly free, don’t you? And I don’t have that,” he said, speaking to the Guardian in the London offices of his lawyers at the justice charity Appeal.

“It’s a tough time because there’s so much uncertainty. I’m living in a tent, I’m living on benefits. I want some resolution.”

The toll on him is obvious. He keeps losing his thread in conversation and his hands shake. “It’s definitely affecting my mental health,” he said. “I’m struggling.”

In April 2022 Emily Dugan stated in an article she wrote for the times here, that Andrew Malkinson was living in “a small flat in a seaside town”.

What happened to this flat?

And is the reason Andrew Malkinson “keeps losing his thread in conversation” and that his hands keep shaking down to alcohol withdrawal?

Prior to his arrest in 2003, Andrew Malkinson had been kicked out of the home of the Hardman family, after he urinated on their sofa whilst drunk.

Andrew Malkinson also stated that the reason his relationship with his son’s mother broke down was that he was “drinking (Alcohol) a lot more than” he “should”.

Link to Part 43 here

There Were & Still Are DNA Profiles Which Link Violent Rapist, Parasitic Predator & Convicted Fraudster Andrew Malkinson To His Victim (Part 41)

Edward Henry stated during violent rapist Andrew Malkinson’s appeal at around 35:19 here

Could I ask the court to turn to the appellants skeleton argument please, which is core bundle tab 9 and this was an attempt by us to, as it were, demonstrate to the court pictorially and diagrammatically how compelling the tests were because the CCRC in testing the complainants vest top found the approximate location of the dna of Mr B, erm and it’s in this area, and I place my hand as your lordships can see, just above my left breast erm, so the vest top or the camisole lay on top of the bra and the bra is depicted at paragraph 8 over the page at 186, and there is a positive match, scientific analysis billion times more likely to be Mr B than anyone else as part of that sample, scientific match on that…

Edward Henry

The CCRC (criminal cases review commission) did NOT test Andrew Malkinson’s victims vest top as Edward Henry suggested, as the vest top was not available for testing as allegedly it had been destroyed.

Apparently all what was available for testing was a little bit of material which had been cut out of the vest top back in/around 2003.

There are several seconds of audio missing between Edward Henry’s above statements and his following statements made during the appeal hearing;

….commonly found in saliva, which lies directly above the bra and the reason why the bra is stained in blood is because her attacker virtually severed the nipple of her left breast. No teeth marks were found but presumably biting through clothing, practically severing the nipple of her left breast and as we state at paragraph 9, the images help to illustrate why the jury would have been entitled to conclude that Mr B deposited his dna on the area of potential saliva staining on the upper left front area of the complainants vest top while biting and nearly severing her left nipple and then I, I do not need to go further than that

Edward Henry

Again, Andrew Malkinson’s victims actual vest top was not available for testing and it clear that Miss Cherry, who apparently carried out the testing on the little piece of material cut, and in turn Edward Henry, have guesstimated where exactly the victim’s vest top would have laid on her body.

Edward Henry then went on to state at around 38:04 here;

But then to address paragraph 10. And this is important my lords, paragraph 10 addresses the most recent reports of Miss Cherry the forensic scientist erm who erm was working in conjunction with another expert eh performing eh the forensic testing of those samples which had been preserved in the forensic archive, those samples which may as this court will eh determine eh quash Mr Malkinsons conviction and fortuitously those samples that were preserved over long years because most regrettably the vest top, the bra and other clothing, including the complainants knickers, were destroyed by the greater Manchester police at one time when there was a section 17 order in place eh but that is a different matter

Edward Henry

The public has been provided with zero evidence of what this preserved little piece of material looked like.

And again without Andrew Malkinson’s victims vest top it was, and is, all guess work as to where exactly this little piece of cut out material had been removed from the original top and where exactly this piece of material would have laid on Malkinson’s victims body whilst she was wearing it.

Edward Henry went on to state;

Then various references are given in the appeal bundle and also in the supplementary bundles of exhibits, which is marked by an asterisk before the eh the tab. An area of potential saliva staining on the left breast area of the complainants fleece jacket, fabric pieces from an area of potential saliva staining on the left cup of the complaints bra, a neck swab, the complainant was strangled by her attacker and her neck also displayed what could have been a suction mark, the inner aspects, and this is as a result of the respondents erm considered and conscientious further enquires, the inner aspects of the main body of the speculum used to facilitate the taking of internal vaginal swabs from the complainant, erm because obviously she bore marks of injury consistent with being vaginally raped and also taken from the complaints right arm an area which she sustained puncture marks injuries

It is right to say my lords, eh and we note this, that while these results have less statistical significance, the presence of dna in multiple, argueably crime specific locations from which Mr B cannot be excluded as a contributor is information which considered with the reliable attribution, and I say that as an understatement, of Mr B as the source of the dna on the complainants vest top, supports the proposition that it was Mr B not the appellant who was the complainants attacker eh and in fact Miss Cherry in her final report which the court is invited to receive, erm states that the dna findings are within her range of expectations if Mr B had been in contact eh with the complainant at sometime and that if he had had some sexual activity erm eh with her

She was an undoubted victim in this case 

I’m sorry I have been referring to her as the compliant 

I’ve been corrected..

Edward Henry

Andrew Malkinson could also not be excluded as a contributor to some of the DNA samples.

Link to Part 42 here

Will The Ministry Of Justice Be Awarding Compensation To Violent Rapist, Parasitic Predator & Convicted Fraudster (Thailand 2001) Andrew Malkinson’s VICTIM & If Not Why Not? (Part 33)

Media Spin & Compensating Violent Rapist Andrew Malkinson’s VICTIM

The mainstream media are continuing to spin violent rapist, parasitic predator and convicted fraudster (Thailand 2001) Andrew Malkinson’s position.

His violent convictions were found to be “unsafe” by the court of appeal on the 26th July 2023.

The court of appeal did NOT find Andrew Malkinson “innocent” or “clear” him per se.

Will the ministry of justice be awarding compensation to Andrew Malkinson’s victim and if not why not?

A minute trace of undated, circumstantial DNA found on a piece of clothing worn by Andrew Malkinson’s victim does not erase all the other evidence which points to Andrew Malkinson and only Andrew Malkinson.

It is not known when Andrew Malkinson’s victim could have picked up this background circumstantial DNA, apparently belonging to a Mr B, who was almost 10 years younger than Malkinson.

Andrew Malkinson’s victim said her attacker was in his “early-to-mid” 30’s,

NOT his early 20’s – which is how old Mr B would have been in July 2003.

Some of the evidence which led to Andrew Malkinson’s convictions has been explored in this ongoing blog series, the index for which can be found by tapping on the button below;

Link to Part 34 here

Did The Criminal Cases Review Commission & Edward Henry Present The Appeal Judges Notes By Convicted Fraudster & Lawyer Shah Ali (Who Had Also Been Struck Off By The SRA) As Though It Were The Evidence Of Violent Rapist Andrew Malkinson’s VICTIM? (Part 32)

Convicted Fraudster Shar Ali

Shah Ali, from the Burton Copeland practice in Oldham, Manchester was violent rapist Andrew Malkinson’s lawyer.

Sometime after Andrew Malkinson’s February 2004 trial he learned Shar Ali had been to prison for fraud and struck off by the solicitors regulations authority.

In 2016 writer Bob Woffinden stated;

He then learned for the first time that, some years earlier, his lawyer had served a prison sentence for fraud and been struck off the solicitors register.

Unfortunately, this does not provide grounds for appeal.

The only course of action left to Malkinson was to complain to the solicitor himself.

He was merely rebuked for his ingratitude. ‘I would remind you’, the solicitor responded, ‘that the jury were out for over nine hours before they came to majority rather than unanimous decisions in relation to each of the convictions – I hardly call that incompetent or improper preparation of your case.’

Excerpts from Bob Woffinden’s book The Nicholas Cases dated May 2016

Shah Ali Struck Off The Solicitors Roll

Bob Woffinden also stated;

Malkinson’s solicitor, who was then practising in Oldham, pleaded guilty to fraud offences and was sentenced to twelve months’ imprisonment.

He was struck off the solicitors’ roll in December 1993.

In 2002, he applied to be readmitted.

Malkinson noted wryly that his application was based in part on the fact that he had ‘worked closely’ with the police and, indeed, his application was supported by the Chief Constable of Greater Manchester.

Despite this, in March 2002, his application for readmission was rejected.

Nevertheless, he went on to represent Malkinson at his trial in February 2004 and, of course, conveyed nothing of this to him.

Convicted Fraudster Shar Ali’s Notes Appeared To Be Used As VICTIMS Trial Evidence During Appeal Hearing

During violent rapist Andrew Malkinson’s appeal hearing, Edward Henry appeared to be using a solicitor notes, to present to the appeal judges as Andrew Malkinson’s victims evidence.

It is not known if it was convicted fraudster and struck off solicitor Shar Ali’s notes, however Edward Henry stated;

We erm naturally erm cannot obtain a transcript of her evidence but we have the note of her evidence.

Statement by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

A solicitor note is not Andrew Malkinson’s victim evidence heard during the 2004 trial.

Edward Henry went on to state;

Eh and eh it has been quoted faithfully in the grounds of appeal at paragraphs 77

Which my lords is in the core bundle at tab 4 at electronic pagination 146.

Statements by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

Edward Henry appeared to be referring to the “grounds of appeal” submitted to the court of appeal by the criminal cases cases review commission.

Edward Henry then when on to state some of the following;

..clear evidence of scratching her attackers face with her left hand and losing a nail on that hand in the process.

She is recorded as telling the jury

‘It was a life or death battle for survival. I managed to get my hand free. I reached up and dug my hand into the right hand side of his face and scratched him from near his eye and cheek, down towards his jaw…

Statements by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

After Edward Henry had read the solicitors note, appeal judge Lord justice Holroyde asked Edward Henry the following question;

That, that’s what counsel’s note at trial

Question by one of the appeal judges 57:53 here

To which Edward Henry stated;

That is, that is the solicitors note erm of the trial erm my Lord

So that’s the solicitors note of trial

Statement by Edward Henry at around 57:56 here

Did the criminal cases review commission and Edward Henry present the notes of convicted fraudster and struck off lawyer Shar Ali to the appeal judges, as opposed to the official court transcript of Andrew Malkinson’s victims evidence?

Link to Part 33 here

If You Were Involved In Violent Rapist Andrew Malkinson’s Case In 2003 Or Were A Witness & Would Like To Make Contact About His INNOCENCE FRAUD – Read More Here (Part 31)

Contacting Innocence Fraud Watch

If you were involved in this case in anyway back in 2003 and would like to contact Innocence Fraud Watch to speak about violent rapist Andrew Malkinson and his enablers innocence fraud – contact can be made by tapping on the button below;

Alternatively we can be contacted on Twitter here

All contact will be dealt with in the strictest of confidence 

Media Spin

The mainstream media are spinning violent rapist, parasitic predator and convicted fraudster Andrew Malkinson’s position.

His violent convictions were found to be “unsafe” by the court of appeal (CoA) on the 26th July 2023.

The CoA did NOT find Andrew Malkinson “innocent” or “clear” him per se.

Some of the evidence that led to violent rapist Andrew Malkinson’s convictions have been explored in this ongoing blog series, the index for which can be found by tapping on the button below;

Link to Part 32 here

Violent Rapist Andrew Malkinson & How Forensic Scientists Had Previously Said It Was Impossible To Know If The Undated, Circumstantial DNA Was Associated With The Case, The Criminal Cases Review Commission & His VICTIMS Zipped Up Fleece Top (Part 30)

Violent rapist Andrew Malkinson in July 2023

“Mr B” Arrested In December 2022

In December 2022 it was reported that a Mr B had been arrested by police in Exeter after a minuscule amount of his undated, circumstantial DNA was said to have been found on violent rapist Andrew Malkinson’s victims clothing.

Mr B was reported to be 48 years of age at the time of his arrest, meaning he was almost 10 years younger than Andrew Malkinson.

Andrew Malkinson’s victim had described her attacker as being in his “early-to-mid” 30’s.

NOT his early 20’s!

Obviously Impossible To Inflict Wound Without Removing Clothing

Writer Bob Woffinden stated on behalf of Andrew Malkinson in 2016;

The scientists considered whether the profile did match someone on the national DNA database, but then decided that it probably didn’t.

The FSS (Forensic science service) conceded that it is impossible to know which bodily fluid it derives from, or whether it is associated with the case.

It was because of the partially-severed nipple on the left breast that the prosecution was able to emphasise to the jury just what a vicious attack this had been.

Yet this evidence should be examined properly.

There was saliva staining at the site, from which a DNA profile was obtained, but it didn’t match Malkinson (though the profile could have matched the boyfriend); and the clothing on the upper body was not disarranged.

(The VICTIM’S).. fleece remained zipped up throughout and her bra remained in place.

It would have been obviously impossible for Malkinson to have inflicted the wound without disturbing the clothing.

Excerpts from Bob Woffinden’s book The Nicholas Cases published in May 2016

The miniscule undated, circumstantial DNA profile did not match “the boyfriend”.

When the criminal cases review commission referred violent rapist and convicted fraudster (Thailand 2001) Andrew Malkinson’s convictions to the appeal court they stated;

The new DNA evidence found by the CCRC does not prove that the man on the DNA database committed these or any offences. 

Statement by the CCRC here dated 24th July 2023

If it was “obviously impossible” for violent rapist Andrew Malkinson “to have inflicted the wound without disturbing the clothing” in 2016 – why the double standards around Mr B in 2023?

Bob Woffinden also stated in relation to Andrew Malkinson’s victim;

There is also the matter of what happened to her at around 3.40am when she told her boyfriend that she had ‘found somewhere warm and dry’ and was ‘safe’.

Her calls were then discontinued for about 45 minutes. This is another unexplained part of the case.

Excerpts from Bob Woffinden’s book The Nicholas Cases published in May 2016

Could this be where and when the background circumstantial DNA of Mr B’s was picked up.

The Zipped Up Fleece

How would anyone be able to bite through the material of a fleece, a vest top and a bra – none of which had holes or teeth marks on or in them.

Part of Edward Henry’s argument during the appeal hearing was;

..commonly found in saliva

Which lies directly above the bra

And the reason why the bra is stained in blood is because her attacker virtually severed the nipple of her left breast

No teeth marks were found

But presumably biting through clothing

Practically severing the nipple of her left breast

And as we state at paragraph 9 the images help to illustrate why the jury would have been entitled to conclude that Mr B deposited his DNA on the area of potential saliva staining on the upper left area of the complainants vest top, while biting and severing her left nipple

And then I do not need to erm go further than that

Statements made by Edward Henry at around 34:04 here dated 26th July 2023

It is not known what Edward Henry said before he used the words “..commonly found” as the audio again dropped out at this point of the hearing, as was referred to in Part 21 of this ongoing blog series, which can be read by tapping on the button below;

Link to Part 31 here

Are Helen Pitcher & The Criminal Cases Review Commission Using Their ‘Special Powers’ To Act Outside Of The Existing UK Criminal Justice System & Attempting To Frame An Innocent Man For Andrew Malkinson’s Rape In The Process? (Part 1)

On the 2nd February 2023 Bill Robertson, who says he has apparently “researched alleged miscarriages of justice for around 20 years” had a blog published on Michael Naughton’s “CCRC Watch” website page.

Michael Naughton was involved in the innocence fraud phenomenon scam of self-confessed killer Simon Hall.

Tap on the button below to read more about actual, factual guilty killer Simon Hall and his deceitful enablers;

The title of Bill Robertson’s blog was and is as follows;

Source here

Bill Robertson is involved with mass murderer, child killer, rapist and coercive controller Jeremy Bamber’s innocence fraud public relations spin campaign.

Convicted rapist & passport fraudster Andrew Malkinson

Violent Rapist Andrew Malkinson Described As Being “Forensically Aware

Convicted rapist and passport fraudster Andrew Malkinson, originally from Grimsby, attacked his victim in the early hours of 19th July 2003.

He was subsequently found guilty for his crimes at Manchester crown court on 10th February 2004.

Andrew Malkinson’s trial solicitor Shah Ali had himself served a prison sentence for fraud and had been struck off the solicitors roll by the solicitors regulations authority (SRA).

A 2004 Bolton news article reported the following in relation to Andrew Malkinson’s trial;

The judge described 38-year-old Malkinson as a “sexual predator” and a danger to women when he was sentenced at Manchester Crown Court on Tuesday.

He was found guilty of attempting to choke, asphyxiate or stangle with intent to rape the 33-year-old woman as she walked home alone through Little Hulton following a row with her boyfriend.

She was dragged down a motorway embankment in Cleggs Lane and attacked in the early hours of July 19 last year.

Sentencing, Judge Michael Henshell, said:

“This is amongst the most serious cases of this type and these circumstances make you out as a sexual predator, and a man who is prepared to use extreme violence against a defenceless victim.

“I have no doubt that you pose a high risk to women that at present cannot be accurately assessed.

“The effect of this attack on your victim will live with her for the rest if her life.”

He recommended that Malkinson would be eligible for parole after 14 years and would serve a minimum of seven years, including the nine months he has been in custody already.

During February’s seven-day trial at Manchester Crown Court the victim — who cannot be named for legal reasons — told the jury how she thought she was going to die at the hands of her attacker.

Excerpts from a Bolton news article headed Sentence on rapist slammed by couple dated 31st March 2004

On the 24th January 2023 the criminal cases review commission (CCRC) made a statement here.

Excerpts from the CCRC’s statement read:

CCRC Chairman Helen Pitcher OBE 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.

“Following Mr Malkinson’s application, we used our special powers and expertise to re-examine this case, instructing experts to undertake state of the art DNA testing.

The new DNA evidence found by the CCRC does not prove that the man on the DNA database committed these or any offences.

The CCRC has, however, passed the new DNA evidence to Greater Manchester Police for them to consider further.

Excerpts from the CCRC’s 24th January 2023 statement including comments made by Helen Pitcher – chair of the CCRC

Wasn’t it premature of the CCRC to pass their alleged “new DNA evidence” to Greater Manchester police when convicted rapist Andrew Malkinson’s conviction(s) have yet to been deemed ‘unsafe’ by the court of appeal?

And wasn’t it equally premature for Greater Manchester police to make an arrest whilst Andrew Malkinson remains convicted for his crimes?

According to a 3rd May 2023 BBC article a man was ‘arrested and released under investigation’;

Greater Manchester Police confirmed in January a man had been arrested and released under investigation in light of the new information, but no decision has yet been made on whether he will be charged.

Excerpt from a BBC article headed Salford rape appeal dated 3rd May 2023

A further excerpt from the BBC article, referring to the undated circumstantial DNA found on Andrew Malkinson’s victims clothing, read;

 …in October, the sample was found to be a partial match for another man, who the court ordered can only be identified as “Mr B”, and forensic investigations were ongoing, with a final report due later this month.

Excerpt from a BBC article headed Salford rape appeal dated 3rd May 2023

A May 2023 Manchester evening news article by Neal Keeling stated;

Mr Henry said Greater Manchester Police were on notice about this matter from 2009 as to other DNA.

A forensic review done for the CPS in December that year had identified saliva on the bra.

It revealed a mixed DNA profile – the majority that of the victim – but it showed the prescence of at least two persons.

He said Mr B was consequently identified as someone who could have been identified by that DNA.

Excerpts by Neal Keeling for Manchester evening news article dated 3rd May 2023

As in the case of Scottish killer Luke Mitchell, the alleged saliva could have already been present at the scene of crime before Andrew Malkinson attacked his victim.

Or like in the case of killer Kevin Nunn, where background circumstantial DNA of another man featured in the case.

DNA evidence is circumstantial evidence and cannot be dated.

Convicted rapist Andrew Malkinson fled the area following his attack on his victim, who incidentally identified him during a police photographic identification parade.

The victim had said to rapist Andrew Malkinson before he rendered her unconscious she would “never forget his face

Two other people also identified him following his victim just prior to his attack and rapes.

The CCRC made no reference in their January 2023 statement to all the circumstantial evidence which convicted violent rapist Andrew Malkinson in 2004.

Have the CCRC managed to magic away this evidence, like they did in the case of self-confessed killer Simon Hall in 2009, when they referred his murder conviction to the court of appeal.

Tap on the button below to read more on The Fraud of the Criminal cases review commission;

Link to Part 2 here