Andy Malkinson has had 'no contact' from inquiry looking at case

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Andy MalkinsonImage source, PA Media
Image caption,

Andy Malkinson says the wrongful rape conviction has "taken a huge toll" on him

A man who spent 17 years in prison for a rape he did not commit has said he has not been contacted by an inquiry which has been set up to examine his wrongful conviction.

The Criminal Cases Review Commission (CCRC) will review how it handled the case of Andy Malkinson.

The 57-year-old had appeal bids blocked twice, despite new DNA evidence.

Mr Malkinson said he felt like the review was "nothing more than an exercise in public relations"

The CCRC told the BBC the "independent, external review" was being carried out by a team of barristers and it was "their choice" how they did it.

In 2004, Mr Malkinson was sentenced to life for the rape of a stranger in Salford, and only had his conviction quashed in July at the Court of Appeal after a 20-year fight.

He had always protested his innocence and was denied an earlier release on licence because he refused to accept he was guilty.

'Damage limitation'

He was finally cleared after new DNA emerged linking another suspect to the crime.

BBC News learned this exonerating evidence was found three years into Mr Malkinson's jail term, with all the key agencies involved in the case knowing about it by 2009.

Mr Malkinson, from Grimsby, said: "The CCRC's Chair has commented on the need for 'openness and transparency' but it appears this does not extend to attempting to contact me or offering any apology.

"To me it feels like this review is nothing more than an exercise in public relations and damage limitation - there's no mention of whether I'll get to have input into this review."

The Court of Appeal quashed the conviction after the Crown Prosecution Service (CPS) accepted that DNA obtained from the victim's clothing in 2007 - but never fully and repeatedly tested for matches - pointed to another man.

Chris Kenley KC, an experienced senior barrister, has been appointed to conduct what he has called "a rigorous review of the part the CCRC played in this terrible miscarriage of justice."

Media caption,

Watch: Andrew Malkinson told Radio 4's Today programme about his first night of freedom

In a statement, the CCRC said: "This is an independent, external review of the CCRC's investigations.

"The KC has a remit to consider any evidence they see fit for the review, and how they do this is their choice.

"The KC may ask to speak with Mr Malkinson - or vice versa - that will be a matter for them."

Mr Malkinson's solicitor, Emily Bolton, who is director of the charity, Appeal, said her client must be allowed to meet the barrister leading the review and have a say in what it would do.

She said: "Andy suffered extra years wrongfully imprisoned because of the CCRC's catastrophic mishandling of his case.

"It is indefensible that the CCRC has made no provisions for Andy to be able to have input into this review yet but has apparently already been in touch with the police and prosecution."

She added that it was "scandalous" that the chair of the CCRC, had not "reached out [to Andy], let alone apologised".

Mr Malkinson said: "I hope Chris Henley KC will agree to meet with me and my legal team so I can get across how the CCRC's failings cost me years of my life behind bars for a crime I didn't commit."

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