Andrew Malkinson Awaits Compensation Three Years After Wrongful Conviction Overturned

Andrew Malkinson, 58, who endured 17 years in prison following a wrongful rape conviction, is still awaiting compensation three years after his release. His conviction for the 2003 sexual assault near Bolton was quashed last year. Emily Bolton, the lawyer who represented him during his criminal appeal, stated that he feels “the state is trying to break him”. The Ministry of Justice (MoJ) commented that it is endeavoring to reach a compensation decision “as quickly as possible”. Mr. Malkinson’s conviction was overturned in July after the Court of Appeal considered allegations of significant failures in the handling of his case. Ms. Bolton informed the Today Programme that Mr. Malkinson is “absolutely still struggling” and frustrated by the information demands from the Department of Work and Pensions required for him to receive benefits. She questioned, “It’s about being mistrusted. What more does Andy have to prove?” Ms. Bolton argued that Mr. Malkinson should have received an interim compensation payment “yesterday”. Instead, she noted, he received a letter indicating an average waiting time of 31 weeks for compensation. She expressed, “Andy shouldn’t be referred to statistics, this is a really straightforward case… I cannot begin to describe how frustrating and outrageous this is from where he is sitting.” She further explained, “Thirty one weeks is seven months, that takes him into next spring, that’s their average processing time.” She questioned the delay, asking, “So why does it take so long for a government, who have already accepted that he has been wrongly convicted, to accept him onto a scheme that provides compensation for people who have been wrongly convicted?” Mr. Malkinson spent 20 years fighting to prove his innocence regarding the rape of a Salford mother-of-two, who cannot be identified for legal reasons. He could have been released after six and a half years if he had made a false confession, an action he consistently refused to take. Ms. Bolton stated that due to changes in the compensation system, payments are no longer automatically issued to individuals released from prison after their convictions are quashed. She asserted, “That system is simply not fit for purpose, because it is so slow and there are so many aspects of it that Andy has had to challenge… those fights have taken time but now… the secretary of state just has to approve him onto the scheme.” She added that “once that approval has been obtained, he can then apply for that interim payment,” but cautioned that this process would “also take time” to complete. A MoJ spokesperson affirmed: “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.” The spokesperson reiterated, “We are working to make a decision on Mr Malkinson’s application for compensation as quickly as possible.”