Four ex-GMP officers face possible gross misconduct charges over Andrew Malkinson rape case

Andrew Malkinson spent 17 years in prison for a rape he did not commit

Four former police officers are under investigation for gross misconduct charges in the case of a man wrongly jailed for rape, the police watchdog has revealed.

One is also under criminal investigation for potential misconduct in public office and perverting the course of justice.

Andrew Malkinson, 58, spent 17 years in jail for a rape he did not commit after he was convicted in 2004 for the attack on a woman in Little Hulton, in Salford.

Despite the fact that he did not fit the description given by witnesses, he was handed a life sentence.

He consistently maintained he did not commit the assault, and twice applied to the Criminal Cases Review Committee before new evidence proved his innocence, and he was finally acquitted in 2023.

Appeal Court clears man of rape after two decade journey to prove innocence
Andrew Malkinson served 17 years in prison for a rape he did not commit. Credit: PA

The Independent Office for Police Conduct (IOPC) has taken up complaints that Mr Malkinson made and has confirmed four retired officers at Greater Manchester Police may face gross misconduct charges.

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.”

Andrew Malkinson has always maintained his innocence Credit: ITV News

Toby Wilton, of Hickman & Rose, who is representing Mr Malkinson in relation to 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.”

The IOPC says that some of the areas they are focusing on are:

  • 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.

The IOPC also added serving an officer with notice they are under investigation does not necessarily mean that disciplinary proceedings or criminal charges will follow.

It said at the end of the investigation, it 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.

Mr Malkinson, from Grimsby, had his conviction quashed by the Court of Appeal in July 2023.

He twice applied for his case to be referred for appeal by the Criminal Cases Review Commission (CCRC), but was turned down.

Mr Malkinson was eventually released from prison in December 2020.

Thousands of convictions are now being reviewed in the wake of his case.

The CCRC has been told to look back over all cases which have the “possibility of DNA opportunities”.

A review found delays and failings in Mr Malkinson’s case, spanning years, demonstrated a “deepseated, system-wide, cultural reluctance, which starts right at the top in the Court of Appeal, to acknowledge our criminal justice system will on occasion make mistakes, that entirely innocent defendants will sometimes be convicted”.

The CCRC admitted failing Mr Malkinson and offered an “unreserved apology.”