Wrongly jailed Andrew Malkinson still waiting for compensation, lawyer says

A man who spent 17 years in prison after being wrongly convicted of rape is still waiting for compensation despite being cleared more than a year ago, his lawyer said.

Andrew Malkinson, 58, was jailed in 2004 until his conviction was quashed by the Court of Appeal in July last year.

Emily Bolton, who represented Mr Malkinson during his criminal appeal, told BBC Radio 4’s Today programme that he “needs an interim payment yesterday”.

Ms Bolton said the Ministry of Justice’s compensation system is “not fit for purpose” because Mr Malkinson has been sent a letter telling him the average wait for a payment is 31 weeks.

She said: “He’s recently won a battle to get the law changed so that any interim payment he receives in the future won’t be counted against his eligibility for legal aid so that he can sue the Greater Manchester Police for what they did for him.

“Those fights have taken time, but also now he’s in a situation, it’s really simple; the secretary of state (Justice Secretary) just has to approve him onto the scheme, and once that approval has been obtained, he can then apply for that interim payment, presumably that will also take time.

“The letter that Mr Malkinson received referred him to their published statistics and said there was a 31-week wait and Andy shouldn’t be referred to statistics. This is a really straightforward case, he needs an interim payment yesterday.

“I cannot begin to describe how frustrating and outrageous this is from where he is sitting.

“Thirty-one weeks is seven months. That takes him into next spring.”

Ms Bolton added: “Why does it take so long for a government that’s already accepted he’s been wrongfully convicted to accept him onto a scheme that provides compensation for people who have been wrongfully convicted?”

Mr Malkinson twice applied for his case to be referred for appeal by the Criminal Cases Review Commission (CCRC), but was turned down.

He was eventually released from prison in December 2020.

Thousands of convictions are now being reviewed in the wake of his case.

The CCRC has been told to look back over all cases which have the “possibility of DNA opportunities”.

A review found delays and failings in Mr Malkinson’s case, spanning years, demonstrated a “deep-seated, system-wide, cultural reluctance, which starts right at the top in the Court of Appeal, to acknowledge our criminal justice system will on occasion make mistakes, that entirely innocent defendants will sometimes be convicted”.

The CCRC admitted failing Mr Malkinson and offered an “unreserved apology”.

A Ministry of Justice spokesperson said: “We have been clear that those who have suffered devastating miscarriages of justice like Andrew Malkinson should not have to use their compensation to bring legal action against those responsible.

“That’s why this Government fast-tracked changes which will mean more people can access legal aid even if they have received compensation.

“We are working to make a decision on Mr Malkinson’s application for compensation as quickly as possible.”