In a heart-wrenching tale of injustice, Andrew Malkinson, a man who spent 17 years behind bars for a crime he did not commit, says he has been “left to rot” by the UK’s Ministry of Justice. Despite having his conviction quashed by the Court of Appeal 16 months ago, Malkinson finds himself trapped in a bureaucratic nightmare, struggling to make ends meet while awaiting a decision on compensation for his wrongful imprisonment.
A Life Shattered by a Miscarriage of Justice
Malkinson, now 58, was wrongfully convicted of a 2003 rape in Greater Manchester and spent nearly two decades being treated as a sex offender by the state. Since his release, he has been relying on universal credit and food banks to survive, feeling as though he is being forced to “prove I’m not lying all over again” just to receive basic support.
Almost every day I’m having to jump through some hoops for the authorities. I’m really struggling here. It really feels unjust on top of what they’ve done, because they said all the platitudes: ‘It’s appalling’, ‘poor Mr Malkinson’, blah blah blah. OK, it’s easy to say that … but you don’t mean it, because you do nothing, you just leave me to rot.
Andrew Malkinson
The Long Wait for Compensation
Malkinson applied to the official compensation scheme for miscarriages of justice in September, but was informed last week that the average wait for a decision on acceptance is 31 weeks – meaning he may not learn if he is even eligible until April 2024. If accepted, he would then face a further wait for any interim or final payout.
“I’m asking them to have some humanity,” Malkinson said, emphasizing that ministers “can do something with the stroke of a pen” to expedite a decision on his eligibility. He described feeling triggered by the bureaucratic hurdles he must navigate just to receive £346 a month in benefits after housing costs.
Everything comes out of that pittance they’re making me beg for. I’m jumping through loads of hoops like a performing monkey, like I was having to do in prison. It’s very undignified.
Andrew Malkinson
Proving His Existence
To continue receiving benefits, Malkinson was instructed to upload photographs of himself holding a sheet of paper with the date on it “like a mugshot” by a plug socket in his flat and outside his front door. He expressed feeling as though he is “still under suspicion” and being treated like someone “begging off the state.”
“Hang on, the state stole an enormity from me, I think it should be treating me just a little bit better than it is doing right now,” Malkinson said, adding that the authorities are well aware of his destitute situation. “So it’s stealth oppression, that’s all I can think of, a kind of continuum of the oppression they haven’t stopped putting me under.”
Fighting for Change
Despite the immense challenges he faces, Malkinson has already succeeded in changing the law twice since his release. He pushed through a change ensuring that interim compensation payments for miscarriages of justice will not affect a person’s eligibility for legal aid to sue the police or other public bodies connected to their wrongful conviction. He also spoke out against the practice of deducting prison board and lodging costs from compensation, leading to the policy being abruptly ended.
I’m glad we’re rolling back these oppressive laws and I hope we can do more.
Andrew Malkinson
Next on Malkinson’s agenda is challenging the £1 million cap on compensation for miscarriages of justice under the official scheme, which he considers “derisory” given the magnitude of what he has endured.
A Plea for Urgency
Malkinson’s criminal appeal solicitor, Emily Bolton, expressed disbelief at the lengthy wait times he faces, stating, “Given this, we cannot understand why it could take more than seven months for Andy to be accepted on to the miscarriages of justice compensation scheme.”
She emphasized the need for the Ministry of Justice to “move with the greatest possible urgency” in providing Malkinson with the compensation he needs to rebuild his life after the unimaginable ordeal he has suffered.
As Malkinson continues to navigate the labyrinthine legal system and fight for the justice he deserves, his story serves as a poignant reminder of the devastating impact of wrongful convictions and the urgent need for reform in how the UK handles compensation for the wrongfully imprisoned. It is a tale of resilience, perseverance, and the indomitable human spirit in the face of unthinkable adversity.
