Andrew Malkinson always denied carrying out the attack on a woman in July 2003
A man who spent 17 years behind bars for a crime he didn't commit has had his conviction quashed by appeal judges.
His case was reopened in January following an application by the Criminal Cases Review Commission , which investigates potential miscarriages of justice, after new DNA evidence was discovered. Edward Henry KC, representing Mr Malkinson, told the court: "In more than one sense this is an historic case being an historic injustice. The respondent... joins with us in submitting that DNA testing which Mr Malkinson has called for since his arrest some 20 years ago now supports his long-standing protestations of innocence. Also this DNA testing, that fresh review, points to a credible suspect who could not be the appellant.
A scratch which the victim claimed she inflicted on her attacker's face during the attack was used as part of the prosecution case, however, when two police officers visited Mr Malkinson the following day, his face was "unblemished". He added that drug possession and driving charges against him had been dealt with "leniently" by police, and had this been disclosed to the jury, it would have been "devastating" to any suggestion he was an independent witness. The lawyer said the jury had been "misled" as a result.
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