Andrew Malkinson, a 58-year-old man who spent 17 years in prison due to a wrongful conviction for rape, continues to face obstacles in securing compensation following his release. His conviction for a 2003 sexual assault near Bolton was overturned last year, but the process of receiving compensation has been frustratingly slow.
Malkinson’s lawyer, Emily Bolton, has voiced concerns that the state appears to be making it difficult for him. She stated that he feels as though the system is “trying to break him.” The Ministry of Justice (MoJ) has indicated that it is working to expedite the decision regarding his compensation but has not provided a definitive timeline.
Malkinson’s conviction was overturned in July after the Court of Appeal uncovered significant failures in how his case was handled by legal authorities.
Despite being exonerated, Malkinson continues to struggle with demands from the Department of Work and Pensions, which requires extensive information before he can access benefits. Bolton expressed her frustration over the bureaucratic hurdles he faces, emphasizing that Malkinson should not be treated like a statistic amidst claims of average waiting times for compensation extending up to 31 weeks.
Bolton criticized the current compensation system as inadequate, noting its complexity and inefficiency. She pointed out that Malkinson had fought for 20 years to prove his innocence and could have been released sooner had he agreed to a false confession—something he steadfastly refused to do.
The existing framework for compensating wrongfully convicted individuals is no longer automatic and requires applicants to navigate multiple challenges before approval.
Bolton noted that while Malkinson awaits approval from the Secretary of State, even this step could prolong his wait for an interim payment. A spokesperson from the MoJ acknowledged the suffering endured by individuals like Malkinson and reiterated their commitment to processing compensation claims promptly.
As Andrew Malkinson continues his fight for justice and compensation, his case highlights broader issues within the legal system concerning wrongful convictions. The challenges faced by individuals seeking redress underscore an urgent need for reform in how such cases are handled—ensuring that victims receive timely support rather than additional layers of bureaucracy.
As society grapples with these systemic issues, it becomes crucial to advocate for more efficient processes that honor the rights and dignity of those who have suffered from miscarriages of justice.
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