Andrew Malkinson has sharply criticised the decision to deduct up to £10,000 in legal costs from his compensation, following 17 years spent wrongly imprisoned for a rape he did not commit.
Mr Malkinson, whose case is considered one of the most severe miscarriages of justice in British criminal history, implored ministers to abandon their "penny-pinching" approach. He was jailed in 2004, with his conviction finally quashed in 2023 after consistently protesting his innocence.
Speaking on BBC Radio 4’s Today programme on Tuesday, Mr Malkinson explained: "They insisted on structuring it such that I need experts to evaluate the damage done to me, and so now they are going to deduct my expenses for the experts, which could be up to £10,000 under legal fees from my compensation, so I have to pay for my own damage assessment and legal fees."
He continued: “It doesn’t make any sense at all to do that, except to say obviously they’re trying to claw back as much as possible. They’re penny-pinching.
“I think this is something that (Justice Secretary) David Lammy could fix with the stroke of a pen tomorrow easily…
“It’s really wrong, it feels vindictive. Why doesn’t the state, the perpetrator of the injustice, pay the costs for the experts and legal fees because they caused the damage, not me?”
In a statement, the Ministry of Justice said: “We know the grave impact miscarriages of justice have and are committed to supporting individuals in rebuilding their lives.
“The miscarriage of justice 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 the law relating to criminal appeals, including compensation for miscarriages of justice, and we will carefully consider their findings.”
Downing Street also pointed to the ongoing consultation, with Sir Keir Starmer’s spokesman telling reporters: “Andrew Malkinson suffered a terrible miscarriage of justice, and what happened to him and the victim in this case is appalling.
“Firstly, we’re glad that the real perpetrator of this crime is now behind bars, and we understand how grave the impact cases like this have on those involved, and we’re committed to supporting individuals in rebuilding their lives.
“That’s why we’ve increased how much compensation is paid out after a miscarriage of justice, making sure victims are compensated for the crimes they didn’t commit and the years they cannot get back.
“The Law Commission is currently consulting on the law relating to criminal appeals, including compensation, and we’ll carefully consider their finding.”
Paul Quinn, 52, was found guilty of the 2003 sex attack on April 17 this year after 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 the morning on July 19, 2003.
Mr Malkinson, working as a security guard at a local shopping centre, protested his innocence but was wrongly picked out at an identity parade and jailed.
Trump’s DOJ announces $1.7B fund to pay his allies who were ‘unfairly’ investigated
Magistrate dialled into court from Portugal home, claims whistleblowing official
Epstein files: Police open investigation into historical child sex abuse allegations
Far-right and anti-immigration protests spike under Starmer government
Shadow fleet enters British waters ‘daily’ since government crackdown announced
Boss of trendy coffee chain says he makes just 18p profit on £4.10 flat white
