Andrew Malkinson always denied carrying out the violent attack
Appeal court judges have quashed the rape conviction of a man who spent 17 years behind bars for a crime he didn't commit.
Mr Malkinson was 37 when he was found guilty on February 10, 2004, by a 10-2 majority of carrying out a violent sex attack on a mum-of-two by the M61 motorway in Little Hulton, Salford. The rape victim 'believed she had identified the right man' but this was 'not supported' by other evidence aside from the evidence of two eye-witnesses who were presented at the trial as independent but were not, said Mr Henry.
On the day he drove to a mobile police station near the scene, the male had alleged drug and driving offences 'hanging over him' and he was banned driving at the time, the court heard. He questioned whether it had been 'lenient' for the male to later be cautioned for possessing heroin and amphetamines and he also pointed to an occasion when a charge of having no insurance was withdrawn and replaced with a 'less serious' offence failing to produce an insurance certificate a week after he gave evidence at the trial.
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