Man Rejects £1 Million Compensation Following Wrong Conviction

A man who was imprisoned for 17 years says his £1 Million settlement is “not enough after serving almost 20 years in prison for a rape he didn’t commit.

Andrew Malkinson’s conviction was overturned after new DNA evidence connecting a different probable suspect to the killing surfaced last month.

The 57-year-old was, however, “sickened” by the thought of having to deduct “board and lodging” expenses from any damages he receives under the government’s miscarriage of justice program, which itself has a £1 million settlement ceiling.

Following Mr Malkinson’s case, Justice Secretary Alex Chalk KC immediately revoked the order on Sunday.

Speaking to Sky’s crime correspondent Martin Brunt, Mr Malkinson said: “I think it [the rule] is abhorrent.

“It is very silly, very vindictive, actually. It is completely necessary.”

The 57-year-old also criticized the settlement he is likely to receive, which is limited to £1 million for those who have served ten years or more as victims of a miscarriage of justice, noting that he has already spent nearly twice that amount of time in prison.

Read Also: 35-Year-Old Rapist Detained Over Rape Of Five Minors

Mr Malkinson said: “It’s pretty lamentable. £1 million sounds like a lot of money, but that represents nearly two decades of living hell and lost opportunities and lost love and everything else that makes life precious.

“It’s capped at ten years, but what happens to people like me who’ve spent much longer than ten years [in prison], almost double? It seems very unfair.

“I don’t think any amount would be enough, but it should be significantly higher than it is.”

He acknowledged that it might take years for him to get the money, which would allow him to live out the remainder of his days “in relative comfort.” But he insisted: “It’s the least they can do for me. It can never replace the joy I’ve lost and the happiness I could have had.”

Following his release from prison last week, Mr Malkinson again emphasized the “unjust rule” that may have required him to return tens of thousands of pounds of his compensation as “rent” for his time spent in jail.

Later, Rishi Sunak told Downing Street that he thought the deductions were unfair, and yesterday, Justice Secretary Alex Chalk KC declared that the program was being discontinued immediately, saying, “This common-sense change will ensure victims do not face paying twice for crimes they did not commit.”

The former security guard applauded the decision but noted that it was only the first of many reforms that our legal system would require to better protect the defenceless.

After being found responsible for the attack on a woman in Salford, Greater Manchester, in 2003, Mr Malkinson of Grimsby, Lincolnshire, was sentenced to at least seven years in jail at Manchester Crown Court a year later.

After he insisted on his innocence, he was imprisoned for an additional ten years.

He consistently maintained his innocence despite the absence of any DNA evidence implicating him in the crime. Following the discovery of another man’s DNA on clothing remnants belonging to the victim, his case was sent to the Court of Appeal in January.

Sir Bob Neill, the head of the Commons justice committee and a Tory MP, expressed his “delight” that Mr Chalk had “moved so swiftly” to end the program in the wake of Mr Malkinson’s release.

However, he advocated that officials take a step further and retroactively refund victims of miscarriages of justice whose compensation has already been reduced. The MP remarked, “I wonder if the Government could consider ex-gratia payments on a case-by-case basis.”

Emily Bolton, the head of the nonprofit Appeal and Mr Malkinson’s attorney urged the Government to take greater action.

She said: “The state robbed Andy of the best years of his life. Changing this one rule is not an adequate response. We need a complete overhaul of the appeals system.”

People must submit an application for compensation within two years of receiving a pardon or having their convictions overturned to be eligible.