Man who spent 17 years in prison for rape he did not commit has conviction overturned

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. It let us both down.” At the time of Mr Malkinson’s trial, there was no DNA evidence connecting him to the rape and the prosecution case against him was based solely on identification evidence. His case was referred to the court in January by the Criminal Cases Review Commission after the Crown Prosecution Service conceded his conviction was unsafe because new DNA evidence points to another man, who the court ordered can only be identified as Mr B. Andrew Malkinson arrives at the Royal Courts of Justice in London Lord Justice Holroyde said other points argued by Mr Malkinson’s legal team, about “crucial” material not disclosed at the time of his trial, “raised a number of substantial and important points” and the court would take time to consider them and give a decision on them later in writing. None of this was available to Mr Malkinson’s defence team at his trial and Mr Henry said the failure to disclose the photographs “deprived” Mr Malkinson of his “strongest defence point – his lack of any facial injury”. “We are also profoundly sorry to the victim of this crime, who not only suffered a horrific trauma 20 years ago but also relived the experience during a criminal trial and now may endure additional harm caused by learning that the true offender has not yet been brought to justice.” Emily Bolton, director of Appeal, said outside court: “The truth is this case is an indictment of both the Court of Appeal and the CCRC.