Andrew Malkinson, who spent 17 years imprisoned for a rape he did not commit, has finally received part of his compensation payment, leaving him feeling relieved yet cautious about the future. This significant milestone, marked by the first interim payment, came after his conviction was quashed by the UK Court of Appeal in 2023 due to DNA evidence linking another individual to the crime.
The 59-year-old former security guard was convicted in 2004, with multiple opportunities to rectify the miscarriage of justice overlooked. Malkinson’s case is often cited as one of the worst legal failures within the UK's justice system. Since his release, Malkinson has faced immense financial struggles, living on benefits and relying on food banks to survive.
After receiving the news from his legal representative, Malkinson expressed his emotional response: "I would hesitate to say I am grateful... but I am relieved the Ministry of Justice has finally done the right thing to lift me out of limbo with this interim payment." It was reported by The Guardian earlier this week, though the precise amount of his compensation remains undisclosed. Reports indicate it will be categorized as "significant" and fall within the six-figure range.
Reacting to the payment, Malkinson recounted his physical response—"my hands were shaking"—an indication of just how momentous this interim step is for him. He stated, "I had to go for a walk to try to take in the news." The gravity of the compensation he anticipates is coupled with the frustration of the lengthy wait during which he had struggled to reclaim his life.
Voicing broader concerns about the compensation system, Malkinson called for changes, particularly urging the government to lift the £1 million cap on compensation payouts for individuals wrongfully convicted for over ten years. "The ridiculous 2008 compensation cap which hasn't increased with inflation should be lifted, and people should automatically be accepted on to the scheme if their convictions are quashed," he asserted. This sentiment resonates with many advocates for justice reform who believe the current structures inadequately support victims of wrongful convictions.
His lawyer, Toby Wilton, emphasized the need for systemic reform as well. "Andy Malkinson's life was shattered when he was sent to prison for more than 17 years for a crime he did not commit. He is only now starting to rebuild it. The government should lift the current cap on compensation, and end the twisted quirk," he stated, noting how Malkinson’s compensation could inadvertently affect his housing stability.
While Malkinson welcomes the interim payment, he is concerned about the ramifications of compensation on his benefits. It was reported previously how he had been on universal credit and living under difficult conditions, including being temporarily homeless. "I could hardly pay for my rent and food… So I’m very pleased now to be financially independent,” Malkinson shared, expressing hope and ambition for the first time since his wrongful conviction.
The interim payment has reignited discussions about the compensation scheme for victims of miscarriages of justice, particularly as it has been noted over 90% of applicants are denied compensation. More needs to be done to not only compensate those who have suffered wrongful imprisonment but also to revisit the criteria under which compensation is granted. Malkinson's experience sheds light on this disheartening reality.
Lord Chancellor and Secretary of State for Justice Shabana Mahmood acknowledged Malkinson’s suffering, stating, “Andrew Malkinson suffered an atrocious miscarriage of justice, and we have issued this interim payment so he can begin to rebuild his life.” Mahmood assured those awaiting compensation, “We are actively considering the concerns [Malkinson] has raised to effectively support individuals who have suffered miscarriages of justice.”
For Malkinson, this interim payment offers him the chance to plan. He looks forward to traveling to Australia to reunite with his half-sisters for the first time since 1990. “It’s been a mighty struggle… so I’m very pleased now,” he articulated, reflecting on the newfound freedoms he can enjoy. He aims to purchase small items to improve his quality of life, like binoculars for stargazing and perhaps even saving enough for his own flat.
Despite the bitterness of the past, hope emerges as Malkinson significantly steps forward, determined to reclaim his life. He urges continued reform, stating, “It should be automatic… the government owes the victim.” His quest for fair compensation remains at the forefront as he navigates the next steps of his life after wrongful imprisonment.