Wrongly convicted Andrew Malkinson receives first compensation payout
The 59-year-old had his conviction quashed in 2023 after years protesting his innocence, but has waited since then for compensation.
Mr Malkinson 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.
In a statement on Wednesday, Toby Wilton, from Hickman and Rose, welcomed the payment, but said the £1 million cap on compensation payouts should be lifted.
This is currently the maximum amount that can be paid to victims of miscarriages of justice who are wrongly jailed for at least 10 years.
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
Toby Wilton, lawyer
He said: 'The arbitrary and unfair compensation cap should, at the very least, increase with inflation in just the same way that other compensation in the English legal system, and that – say – MPs' salaries increase over time.
'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.'
Mr Malkinson was supported by legal charity Appeal in his attempts to have his case reviewed by miscarriage of justice body the Criminal Cases Review Commission.
Two of his applications in 2009 and 2020 were rejected, before Appeal commissioned fresh DNA tests that eventually led to his release.
It later emerged that he could have been freed a decade earlier if the similarities between his case and another wrongful conviction, that of a man called Victor Nealon, had been spotted and acted upon.
Lord Chancellor and Secretary of State for Justice Shabana Mahmood said: 'Andrew Malkinson suffered an atrocious miscarriage of justice, and we have issued an interim payment so he can begin to rebuild his life.
'We are actively considering the concerns he has raised to ensure we are effectively supporting individuals who have suffered a miscarriage of justice.'
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