A woman who alleged she was raped by Andrew Malkinson admitted to police 22 years ago that she \u201cwasn\u2019t too sure it was the right man\u201d, a court has heard.<\/p>\n
Malkinson spent 17 years in prison for an attack he did not commit in what jurors heard was a \u201cmost terrible\u201d miscarriage of justice. Paul Quinn is now on trial at Manchester crown court accused of the 2003 rape after fresh DNA tests allegedly linked him to the victim.<\/p>\n
Quinn\u2019s barrister, Lisa Wilding KC, said the complainant had told Malkinson\u2019s trial in 2004 that she was \u201cmore than 100% sure\u201d that he was the attacker. \u201cAt no stage after that day in 2004 did you go to the police and say: \u2018I\u2019ve got that wrong,\u2019\u201d the barrister said.<\/p>\n
The witness replied: \u201cI did,\u201d adding: \u201cI can\u2019t remember which one it was. At one of the trials I remember telling one of them that I wasn\u2019t too sure it was the right man and they said: \u2018Don\u2019t worry, it\u2019s just trial nerves, it will all be OK.\u2019 I remember telling this to Helen, the detective.\u201d<\/p>\n
The woman, who cannot be identified, told jurors she repeated these doubts to her husband \u201cbut he kept saying: \u2018No, we got the right person.\u2019\u201d<\/p>\n
New DNA tests had identified saliva from another man on her vest, the jury was told. The court heard that Malkinson, 60, who was finally released from prison in December 2020, was identified by the woman in a digital ID parade three days after the alleged attack.<\/p>\n
Occasionally dabbing away tears with a tissue, the woman said she had given police a description of the man over the following hours but that it had been dark at the time of the incident.<\/p>\n
Paul Quinn is on trial accused of the 2003 rape after DNA tests allegedly linked him to the victim. Photograph: Facebook<\/p>\n
Asked by Wilding whether she thought twice about giving a description of the attacker given that it was dark, the woman replied: \u201cI didn\u2019t think straight because I was traumatised.\u201d She added: \u201cI did have a face but it wasn\u2019t clear because it was dark. I gave them the best possible one I could.\u201d<\/p>\n
The woman went on: \u201cI was very naive. I listened to what police said and I was scared coming into the courtroom, I just went with what people told me to do and I was reassured it was fine. It was the right man. I said I wasn\u2019t sure it was the right man and they said: \u2018It\u2019s fine\u2019, it was \u2018trial nerves\u2019, a lot of people think this and it was fine\u2019.\u201d<\/p>\n
The witness told the court it was a police officer who said this to her. \u201cI was reassured that it\u2019s all right \u2026 and that the process of the court \u2026 it\u2019s not just my identification [of the accused] \u2013 it\u2019s the other things, the other evidence which tell whether he was guilty or not.\u201d<\/p>\n
Wilding asked: \u201cAre you saying that you knew you had got the wrong identification but you told the jury you got the right one?\u201d<\/p>\n
The witness replied: \u201cNo, I said I was unsure because I\u2019d not seen the other gentleman [Malkinson] with glasses on so it threw me a bit when I saw him in court. I said I was unsure and he said it was just nerves.\u201d She added that she was \u201creassured that it\u2019s normal to have second thoughts\u201d.<\/p>\n
John Price KC, prosecuting, has said the identifications of Malkinson were \u201chonestly and genuinely made\u201d mistakes.<\/p>\n
Price said scientists now believed Quinn, 51, was \u201cmore than 1bn times\u201d more likely to be the source of crucial DNA found on the victim than anyone else.<\/p>\n
Quinn, from Exeter, denies two counts of rape, one count of attempt to strangle and one count of assault intending to cause grievous bodily harm.<\/p>\n
Later on Monday, a witness who identified Malkinson in a police parade shortly after the attack said she stood by her evidence \u201c100%\u201d.<\/p>\n
Beverley Craig told the court she saw both the alleged victim and attacker as she and her then-partner were driving at 4.30am, around the time of the incident.<\/p>\n
She then told police what she had seen and picked out Malkinson from a digital ID parade seconds after initially identifying another man.<\/p>\n
Questioned by Wilding, Craig said she maintains \u201cto this day\u201d that Malkinson was the man she saw. As recently as last year, Craig said she told police that she \u201c100%\u201d stood by her evidence.<\/p>\n
The prosecution told the jury that Malkinson was innocent of the attack and that his appeal against his conviction was allowed in 2023.<\/p>\n
The trial continues.<\/p>\n","protected":false},"excerpt":{"rendered":"A woman who alleged she was raped by Andrew Malkinson admitted to police 22 years ago that she…\n","protected":false},"author":2,"featured_media":466381,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[59,57,58,50,56,54,55],"class_list":["post-466380","post","type-post","status-publish","format-standard","has-post-thumbnail","category-united-kingdom","tag-gb","tag-great-britain","tag-greatbritain","tag-news","tag-uk","tag-united-kingdom","tag-unitedkingdom"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/466380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=466380"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/466380\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/466381"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=466380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=466380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=466380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}