Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, has accused the Ministry of Justice of leaving him “to rot” as he faces a lengthy wait to learn if he is eligible for compensation. The 58-year-old had his conviction quashed by the Court of Appeal 16 months ago, but says he is struggling on universal credit and has been forced to use food banks.
In an interview with the Guardian, Malkinson said he feels “having to prove I’m not lying all over again” due to administrative hurdles imposed by the Department for Work and Pensions. He described being required to upload photographs of himself holding a dated piece of paper as “like a mugshot”, adding that the process is “very undignified”.
Malkinson applied to the official compensation scheme for miscarriages of justice in September. Last week, he received a letter stating the average wait for a decision on acceptance is 31 weeks, meaning he may not hear until April. He would then face a further wait for any interim payment before a final payout is decided.
“I’m asking them to have some humanity,” Malkinson said, urging ministers to expedite a decision. He noted that he is still repaying £5 a month from his universal credit for an overpayment incurred while travelling abroad, a trip he described as a “long-held dream”.
Stefano Ruis, one of Malkinson’s solicitors, said: “It would seem straightforward in this case for the secretary of state to make an immediate decision, whereupon an interim compensation payment can be considered.” Malkinson pushed through a change in the law to allow interim payments without affecting legal aid eligibility.
