Wrongly jailed Andrew Malkinson slams ‘penny-pinching’ rule forcing him to cover own legal fees
Andrew Malkinson has slammed the decision to deduct up to £10,000 in legal fees from his compensation after he was wrongfully imprisoned for 17 years for a rape he did not commit.
Mr Malkinson, whose case is considered one of the gravest miscarriages of justice in British criminal history, pleaded with ministers to abandon their “penis-squeezing” approach. He was imprisoned in 2004, and after constantly protesting his innocence, his conviction was finally overturned in 2023.
Speaking on BBC Radio 4’s Today program on Tuesday, Mr Malkinson explained: “They insisted on structuring it so that I would need experts to assess the damage done to me and so now they will deduct the costs I incur for the experts from my compensation up to £10,000 under legal costs, so I have to pay my own damage assessment and legal fees.”
He continued: “There’s no point in doing this, but frankly they’re trying to get as much back as possible.
“I think this is something that (Justice Minister) David Lammy can easily fix with the stroke of a pen tomorrow…
“It is really wrong, it gives a feeling of revenge. Why is it that the state, which is the perpetrator of injustice, pays the expenses and attorney fees of the experts who caused the damage, not me?”
In a statement, the Ministry of Justice said: “We recognize the serious impact that miscarriages of justice have and we are committed to supporting individuals to rebuild their lives.
“The miscarriage compensation scheme is designed to help individuals rebuild their lives and last year we increased the maximum compensation payable by 30% to £1.3 million.
“The Law Commission is currently consulting on legislation relating to criminal appeals, including compensation for miscarriages of justice, and we will consider its findings carefully.”
Downing Street also noted the ongoing consultations, with Sir Keir Starmer’s spokesman telling reporters: “Andrew Malkinson suffered a terrible miscarriage of justice and what happened to both him and the victim in this case is appalling.
“Firstly, we are delighted that the real perpetrator of this crime is now behind bars and we understand how serious the impact cases like this have on those involved and we are committed to supporting individuals to rebuild their lives.
“Therefore, we have increased the amount of compensation payable in cases of miscarriage of justice, to ensure that victims receive compensation for crimes they did not commit and years they cannot get back.
“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation, and we will consider its findings carefully.”
Paul Quinn, 52, was found guilty of the 2003 sexual assault on April 17 this year following a six-week trial at Manchester Crown Court.
Quinn attacked a young mother as she walked home in Little Hulton, Salford, in the early hours of July 19, 2003.
Mr. Malkinson, who worked as a security guard at a local shopping mall, protested his innocence but was mistakenly singled out in an ID parade and jailed.
