Andrew Malkinson

[BillyStubbsTears]

https://www.bbc.co.uk/news/uk-england-manchester-66323436

Horrific story. An entirely innocent man who has served 17 years in prison for a rape he didn't commit. Its been known for years that the DNA samples relevant to the case weren't his, but his appeals failed time and again.

It's worth listening to his speech at the Court of Appeal yesterday after his conviction was finally quashed. Harrowing. A decent man's life totally destroyed.

How can we get something like this so badly wrong in this day and age?

[belton rover]

How the f**k can DNA evidence be ignored for so long?
It is beyond disgrace. That poor man.

[Glyn_Wigley]

It also begs the question whether parole should be denied purely because the prisoner has never admitted to doing what he was convicted of, as in this case.

[Glyn_Wigley]

How the f**k can DNA evidence be ignored for so long?
It is beyond disgrace. That poor man.

When was the DNA evidence first presented to the Court Of Appeal? I've read the reports but haven't seen it said anywhere what the timeline is of when that happened.

[danumdon]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

[BillyStubbsTears]

How the f**k can DNA evidence be ignored for so long?
It is beyond disgrace. That poor man.

When was the DNA evidence first presented to the Court Of Appeal? I've read the reports but haven't seen it said anywhere what the timeline is of when that happened.

According to R4 PM programme last night, the DNA evidence had been held since the original rape but hadn't been used to demonstrate that it wasn't Malkinson's. Which seems ridiculous.

The conviction was based on two witnesses who identified Malkinson. One was a heroin addict and petty criminal who had a set of charges against him dropped after he identified Malkinson. The other was the victim herself - Malkinson's team claim that the police pressurised her at an ID parade.

This photo shows Malkinson after his arrest and the photofit they got from the victim. Howin the name of God could anyone look at the whole evidence sobrerly, and think they'd got the right man?

[i_ateallthepies]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

Are you of the opinion that the decimation of police numbers, particularly the most experienced officers has no bearing on this kind of injustice?

[danumdon]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

Are you of the opinion that the decimation of police numbers, particularly the most experienced officers has no bearing on this kind of injustice?

I'm of the opinion that the "experienced officers " you talk about we're the ones responsible for this injustice so no, decimation of police numbers is basically old lags taking early retirement and not the core reason, a fundamental mind change needs to be introduced before we collapse into anarchy. The path they are on is not the way.

We have more than enough police to carry out the role, they are hampered and restricted by all the hoops they have to jump through with the implied bureaucracy that many out of touch governments have imposed on them.

They are now glorified pen pushers with triplicate forms to process before any policing gets delivered.

[danumdon]

How the f**k can DNA evidence be ignored for so long?
It is beyond disgrace. That poor man.

When was the DNA evidence first presented to the Court Of Appeal? I've read the reports but haven't seen it said anywhere what the timeline is of when that happened.

According to R4 PM programme last night, the DNA evidence had been held since the original rape but hadn't been used to demonstrate that it wasn't Malkinson's. Which seems ridiculous.

The conviction was based on two witnesses who identified Malkinson. One was a heroin addict and petty criminal who had a set of charges against him dropped after he identified Malkinson. The other was the victim herself - Malkinson's team claim that the police pressurised her at an ID parade.

This photo shows Malkinson after his arrest and the photofit they got from the victim. Howin the name of God could anyone look at the whole evidence sobrerly, and think they'd got the right man?

What's the betting that the "experienced police officers" who facilitated this injustice were allowed to take early retirement, pocket their cash and get the hell out of dodge before "questions" were asked.

How often does this happen?

[Iberian Red]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

Are you of the opinion that the decimation of police numbers, particularly the most experienced officers has no bearing on this kind of injustice?

I'm of the opinion that the "experienced officers " you talk about we're the ones responsible for this injustice so no, decimation of police numbers is basically old lags taking early retirement and not the core reason, a fundamental mind change needs to be introduced before we collapse into anarchy. The path they are on is not the way.

We have more than enough police to carry out the role, they are hampered and restricted by all the hoops they have to jump through with the implied bureaucracy that many out of touch governments have imposed on them.

They are now glorified pen pushers with triplicate forms to process before any policing gets delivered.

I was always under the impression it was the dogs that jumped through hoops,then ran through tunnels.

Also what has the retiring of old lags(criminals!!) got to do with this?

[Glyn_Wigley]

This is all very interesting but it isn't the police who decides who to prosecute, when it happens or if the evidence is strong enough.

[danumdon]

This is all very interesting but it isn't the police who decides who to prosecute, when it happens or if the evidence is strong enough.

Everyone's aware its not the police who prosecute, but when the investigation is half hearted and looking for corners to cut then what can the CPS do when they are given substandard material to work with because a constabulary wanted to tidy up its detection rates.

This happens far too often to be coincidental.

[Glyn_Wigley]

This is all very interesting but it isn't the police who decides who to prosecute, when it happens or if the evidence is strong enough.

Everyone's aware its not the police who prosecute, but when the investigation is half hearted and looking for corners to cut then what can the CPS do when they are given substandard material to work with because a constabulary wanted to tidy up its detection rates.

This happens far too often to be coincidental.

If the evidence isn't enough to make a prosecution worthwhile they won't spend money on one. Even the police know that, unless you're alleging the police fabricated evidence?

[Ldr]

This is all very interesting but it isn't the police who decides who to prosecute, when it happens or if the evidence is strong enough.

Everyone's aware its not the police who prosecute, but when the investigation is half hearted and looking for corners to cut then what can the CPS do when they are given substandard material to work with because a constabulary wanted to tidy up its detection rates.

This happens far too often to be coincidental.

If the evidence isn't enough to make a prosecution worthwhile they won't spend money on one. Even the police know that, unless you're alleging the police fabricated evidence?

If you trust the police, you’re an absolute fool

[Colin C No.3]

There was a time when I wouldn’t have hesitated to go to a police officers aid if the situation ‘called’ for it……not now.

It may be an old cliche but, I’ve never met a good un, either serving or retired.

[tommy toes]

Well I worked for a couple of years at Donny Police Station doing mental health assessments for people they arrested and who they thought had a problem.
Most of them were great blokes, who genuinely cared for people.
Some of them were Rovers fans too.
There was one Custody Sergeant who was a complete tw#t but on the whole they were OK.

[Glyn_Wigley]

This is all very interesting but it isn't the police who decides who to prosecute, when it happens or if the evidence is strong enough.

Everyone's aware its not the police who prosecute, but when the investigation is half hearted and looking for corners to cut then what can the CPS do when they are given substandard material to work with because a constabulary wanted to tidy up its detection rates.

This happens far too often to be coincidental.

If the evidence isn't enough to make a prosecution worthwhile they won't spend money on one. Even the police know that, unless you're alleging the police fabricated evidence?

If you trust the police, you’re an absolute fool

And if you think that I think that, you're the absolute fool.

[Sprotyrover]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

The Police have to submit a file of evidence to the CPS for a lawyer to determine if there is sufficient evidence to charge, once there is the Defendant is charged and the Case file is in the hands of the CPS. You really need to stick to making comments about stuff you understand, which from what I have seen is not a lot!

[danumdon]

So going along with your statement you would then agree that on many occasions in the past the police have submitted case files that have been considered sufficient evidence to prosecute by a CPS lawyer.

This case is taken to court and the defendant is found guilty of said case and locked up.

When further down the line the case has been proven to have been a gross miscarriage of justice who do you think the majority will blame for the miscarriage?

I'll give you a clue as you seem to be struggling with the concept,

It ain't the lawyer's or barristers.

As for your personal opinion, classy.

[Sprotyrover]

So going along with your statement you would then agree that on many occasions in the past the police have submitted case files that have been considered sufficient evidence to prosecute by a CPS lawyer.

This case is taken to court and the defendant is found guilty of said case and locked up.

When further down the line the case has been proven to have been a gross miscarriage of justice who do you think the majority will blame for the miscarriage?

I'll give you a clue as you seem to be struggling with the concept,

It ain't the lawyer's or barristers.

As for your personal opinion, classy.

Please bear in mind this case is 18 years old, not 18 months!

[danumdon]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

The Police have to submit a file of evidence to the CPS for a lawyer to determine if there is sufficient evidence to charge, once there is the Defendant is charged and the Case file is in the hands of the CPS. You really need to stick to making comments about stuff you understand, which from what I have seen is not a lot!

So going along with your statement you would then agree that on many occasions in the past the police have submitted case files that have been considered sufficient evidence to prosecute by a CPS lawyer.

This case is taken to court and the defendant is found guilty of said case and locked up.

When further down the line the case has been proven to have been a gross miscarriage of justice who do you think the majority will blame for the miscarriage?

I'll give you a clue as you seem to be struggling with the concept,

It ain't the lawyer's or barristers.

As for your personal opinion, classy.

Please bear in mind this case is 18 years old, not 18 months!

https://www.theguardian.com/uk-news/2023/aug/07/police-withheld-evidence-making-rape-conviction-unsafe-says-uk-court-of-appeal-andrew-malkinson


"You really need to stick to making comments about stuff you understand, which from what I have seen is not a lot!"

[Sprotyrover]

There's been far too many case where the police have shut the investigation down too soon and gone for the easy option, resulting in far too many innocent people being locked up.

I know the police would site resources and other financial issues impeding them from a rigorous investigation but it happens too often, the question needs to be asked,

Are they fit for service?

Dark times.

The Police have to submit a file of evidence to the CPS for a lawyer to determine if there is sufficient evidence to charge, once there is the Defendant is charged and the Case file is in the hands of the CPS. You really need to stick to making comments about stuff you understand, which from what I have seen is not a lot!

So going along with your statement you would then agree that on many occasions in the past the police have submitted case files that have been considered sufficient evidence to prosecute by a CPS lawyer.

This case is taken to court and the defendant is found guilty of said case and locked up.

When further down the line the case has been proven to have been a gross miscarriage of justice who do you think the majority will blame for the miscarriage?

I'll give you a clue as you seem to be struggling with the concept,

It ain't the lawyer's or barristers.

As for your personal opinion, classy.

Please bear in mind this case is 18 years old, not 18 months!

https://www.theguardian.com/uk-news/2023/aug/07/police-withheld-evidence-making-rape-conviction-unsafe-says-uk-court-of-appeal-andrew-malkinson


"You really need to stick to making comments about stuff you understand, which from what I have seen is not a lot!"

This case is 18 years old , a lot of water has passed under the bridge since then,you were probably still in nappies judging by your childish. Comments

[BillyStubbsTears]

The DNA evidence proving that Malkinson didn't commit the rape was known 3 years after he was convicted.

https://www.bbc.co.uk/news/uk-66513959

This is beyond words.

[albie]

The CPS appear to be arguing that because there was no identified link to another suspect on the database from the DNA sample taken from the clothing of the victim, that no further action was required.
"In addition, searches of the DNA databases were conducted to identify any other possible suspects. At that time there were no matches and therefore no further investigation could be carried out."

This misses the point by a country mile.

They had evidence of another person being implicated, though he could not be located in available records.
That is in addition to no DNA from Malkinson present.

Putting those two facts together raises significant doubt at least about the conviction. They therefore needed to consider further the reliability of the original conviction.
The CPS from 2007 has serious questions to answer about how the case was handled, from that time up to the present delayed release.

[DRFC_AjA]

What's even worse of a thought is who else has this happened to.

The people of the police, CPS etc who did their job so badly and lazily that an innocent mamn went to jail for 18 years should be in court now but we all know that won't happen

[turnbull for england]

That reads as though they had  real doubts it was him but no clue who had done it, so better someone locked up than noone.

What must he have gone through, and now the victims family after spending years having ' comfort' that justice was done to have it raked back up again and know all their feelings were misdirected.

[danumdon]

What's even worse of a thought is who else has this happened to.

The people of the police, CPS etc who did their job so badly and lazily that an innocent mamn went to jail for 18 years should be in court now but we all know that won't happen

What's even worse than this is that we have an apologist on here that will swear blind that you are wrong to think this, because they think they know better, and remember,

"This case is 18 years old, a lot of water has passed under the bridge since then"

So that makes it all ok ?

Unbelievable.

[Sprotyrover]

What's even worse of a thought is who else has this happened to.

The people of the police, CPS etc who did their job so badly and lazily that an innocent mamn went to jail for 18 years should be in court now but we all know that won't happen

What's even worse than this is that we have an apologist on here that will swear blind that you are wrong to think this, because they think they know better, and remember,

"This case is 18 years old, a lot of water has passed under the bridge since then"

So that makes it all ok ?

Unbelievable.

I will treat that remark with the contempt it deserves, if you think you can make a difference I suggest you join the Police and save us all from Tyranny of the past!

[knockers]

What is or was your job?

[DRFC_AjA]

So sadly this topic was about an innocent man being treated badly for something he didn't do, yet on the flip side if you're Mason Greenwood who was found guilty of NOTHING, in fact it's not even not guilty as there wasn't even a trial, then you still get trial by feminazis and told you must quit your job. What a wonderful world we live in