Andrew Malkinson still not compensated three years after release

A man who spent 17 years in prison after being wrongly convicted of rape is still waiting for compensation three years after his release.

Andrew Malkinson, 58, had his conviction for the 2003 sex attack near Bolton quashed last year.

Emily Bolton, the lawyer who represented him during his criminal appeal, said he feels “the state is trying to break him”.

The Ministry of Justice (MoJ) said it was trying to make a decision on compensation “as quickly as possible”.

Mr Malkinson’s conviction was overturned in July after the Court of Appeal heard allegations of major failures in the handling of the case against him.

Ms Bolton told the Today Programme that he is “absolutely still struggling” and frustrated over demands for information he must provide to the Department of Work and Pensions in order to receive benefits.

She said: “It’s about being mistrusted. What more does Andy have to prove?”

Ms Bolton said Mr Malkinson should have received an interim payment of compensation “yesterday”.

She said he had instead received a letter which told him the average waiting time for compensation was 31 weeks.

“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.

“Thirty one weeks is seven months, that takes him into next spring, that’s their average processing time.

“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 fought for 20 years to prove he was innocent of the rape of a Salford mother-of-two, who cannot be named for legal reasons.

He could have been released after six and a half years if he had given a false confession – something he has said he was never willing to do.

Ms Bolton said that because the system for compensation has changed, it is no longer automatically paid out to those who leave prison having had their convictions quashed.

She said: “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.

“And once that approval has been obtained, he can then apply for that interim payment.”

But she warned that would “also take time” to come.

A MoJ spokesperson said: “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.

“We are working to make a decision on Mr Malkinson’s application for compensation as quickly as possible.”