Andrew Malkinson says he's 'vindicated' after four ex-GMP officers under investigation over the scandal that wrecked his life

A man who who spent 17 years in jail for a Salford rape he did not commit says he feels "vindicated" after four ex-GMP officers were told they were under investigation over the scandal.

Andrew Malkinson was cleared by the Court of Appeal last year which decided he had been wrongly convicted. Today a police watchdog announced that four retired officers are under investigation and it has also revealed the allegations against the force it is scrutinising after "one of the worst missacarriages of justice in British history"

One of the officers has been told that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

Today Mr Malkinson said: "I feel vindicated by this update but I won't be satisfied until officers face real consequences. If Greater Manchester Police get away with what they did to me, they'll keep doing it. It's as simple as that."

Emily Bolton, Mr Malkinson's lawyer at the legal charity APPEAL, said:"Andy's wrongful imprisonment was not an unavoidable accident. Police accountability isn't optional - it's essential. Andy, his family, and the rape victim in this case all deserve justice."

As reported in the Manchester Evening News in July Andrew Malkinson was "failed" by a miscarriage of justice review body and could have been cleared ten years earlier, a damning report found.

A 105-page report by Chris Henley KC, found that the Criminal Cases Review Commission (CCRC) could have spared Mr Malkinson a decade of wrongful imprisonment if it had not “missed” the opportunity to send his case back to the Court of Appeal in 2009, when DNA evidence made clear “he might be innocent”.

Having already spent six months on remand, Mr Malkinson was convicted by a majority of 10 to 2 on February 10th, 2004 at Manchester Crown Court. He was not released until 2020 because he refused to say he was guilty. In July 2023, his conviction was quashed by the Court of Appeal.

The victim in the case was a 33-year-old woman who was stalked for half a mile then snatched and dragged down a motorway embankment off Cleggs Lane in Little Hulton and brutally raped in the early hours of July 19th 2003.

Today the Independent Office for Police Conduct (IOPC) said its investigation into complaints made by Mr Malkinson, was making "good progress".

In a statenent the IOPC said: "We are looking at several allegations relating to the Greater Manchester Police (GMP) investigation that led to Mr Malkinson spending 17 years in prison for a crime he did not commit. Areas of focus for our inquiries include:

• Whether officers followed the appropriate processes during the identification of Mr Malkinson as a suspect
• Whether witnesses were offered any incentive to provide evidence
• The alleged failure to disclose information that may have helped Mr Malkinson’s defence at trial
• The handling and disposal of items of evidence."

IOPC Regional Director Catherine Bates said: “Mr Malkinson is a victim of one of the worst miscarriages of justice in British history. We continue to work hard to ensure his complaints are thoroughly and independently investigated.

“Following a detailed review of evidence spanning a period of more than 20 years, we have now informed four retired GMP officers that they are under investigation for potential gross misconduct.

“One of the officers has also been notified that they are under criminal investigation for potential misconduct in public office and perverting the course of justice in relation to their actions during the police investigation and subsequent trial.

“Our investigation team continues to work hard to conclude our investigation as soon as reasonably possible, while ensuring our inquiries do not prejudice separate criminal matters linked to the crime Mr Malkinson was wrongly convicted of. We will continue to keep Mr Malkinson and GMP updated on our progress.”

The IOPC added: "Serving an officer with notice they are under investigation does not necessarily mean that disciplinary proceedings or criminal charges will follow. At the end of the investigation, we will determine whether there is an indication that anyone serving with the police may have breached the standards of professional behaviour or if the case should be referred to the Crown Prosecution Service."

Toby Wilton of Hickman Rose who is representing Mr Malkinson in his police complaint said: "Twenty years on from Mr Malkinson’s wrongful conviction no police officers have yet faced any sanction for their role in the miscarriage of justice that he suffered, Greater Manchester Police are yet to admit their responsibility for what happened, and he is yet to receive any compensation. This announcement that four officers involved will now face a misconduct investigation, and one will now face criminal investigation, is an important first step – but it is vital that all those responsible at Greater Manchester Police, as well as the wider force, are held to account.”

A GMP spokesperson said: "We continue to extend our sincere apologies to Mr Malkinson for the mistakes we made. We offer him our commitment that we will continue to work openly and fully with the ongoing Andrew Malkinson Inquiry and IOPC investigation in the hope that we will be able to provide him with the truth he deserves to hear.

“It is beyond doubt that Mr Malkinson did not commit this horrific crime. Our ongoing investigation is committed to ensuring that the true perpetrator is put behind bars so that the victim and all involved can finally have some sense of justice after this awful ordeal.”