A man who served 17 years in prison for a rape he did not commit has received the first part of a compensation payment, his lawyer has said.
Andrew Malkinson had his conviction quashed in 2023 after years protesting his innocence, but has waited since then for compensation.
The 59-year-old, who was a security guard working in Salford before his arrest, was wrongly convicted in 2004 and chances to free him were repeatedly missed, leading to one of the worst miscarriages of justice in UK legal history.
Toby Wilton from Mr Malkinson’s legal team welcomed the payment, but said the £1m cap on compensation payouts should be lifted.
In cases where someone has been in jail for more than ten years, the maximum payment is set at £1m.
Mr Wilton said this “arbitrary and unfair compensation cap” should be lifted or “at least” increased with inflation in the same way other compensation payments are under the English legal system.
He said: “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 that whilst awards under other compensation schemes are excluded from assessment for benefits, Andy now faces the risk of losing his social housing flat just because he has been awarded this money.”
It was previously reported that Mr Malkinson was struggling to survive on benefits and had to turn to food banks.
He told the Guardian that he would spend some of the money – said to be a significant six-figure amount – on a trip to Australia to see his half-sister for the first time since 1990.
He said: “It’s been a mighty struggle, because I could hardly pay for my rent and food.
“So I’m very pleased now that I’m financially independent and I’ve got the freedom I craved whilst in prison.”
