Too many failings in our criminal justice system
| Published date | 03 August 2023 |
| Publication title | Journal, The |
For those unfamiliar: The victim of the rape gave the police a detailed description of her attacker, including that he had a bare chest and that she'd scratched his face.
However, despite Mr Malkinson not resembling the police photo-fit, having a very hairy chest and no scratches on his face he was still arrested. Largely, it transpires, on the back of reports from two men who said they'd seen him where the attack took place. It also transpires these two witnesses were of questionable credibility. Indeed, they had convictions for dishonesty and one was a heroin addict who had charges dropped as part of giving testimony. None of this was available to Mr Malkinson's defence team at his trial and the lack of any facial injury, in particular, deprived him of a strong defence point.
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