How Paul Quinn evaded justice for over 20 years…until now — BBC News

[0:00] How is your DNA, which is one in one billion, ended up on her son? [0:09] A father of six with a secret violent past. [0:13] Clearly a very disturbed man, capable of high levels of violence, sexual violence. [0:19] A crime that led to one of the worst miscarriages of justice of our time. [0:23] I am not a liar. I am not in denial. [0:27] In a battle for truth that's still continuing. [0:30] What this wrongful conviction has done. It's wrecked Andy's life, denied the victim justice. [0:35] It's jeopardised public safety. This dangerous man was allowed to roam free. [0:45] This is a story that begins and ends in Little Houlton in Salford. [0:50] It's the early hours of a July morning in 2003 and a young woman is walking alone [0:56] along this road after a blazing row with her boyfriend. [1:00] It's five miles to her home and it's going to take her two hours. [1:04] But what she doesn't know is that somewhere along this road a sex predator is lying in wait. [1:10] It was a long and lonely walk. At one point she tried to get a taxi, [1:15] but she couldn't find one and had no choice but to continue on foot. [1:19] And this is where she started to feel unsafe. [1:23] She heard a rustling and heard a man's voice with a local bolt of accent shout, [1:28] Come into the bushes, I have a gun pointed at your head. [1:32] And so unnerved she sent a text of what had happened and crossed the road to head to the shops and houses. [1:40] Over the next 15 minutes or so the woman realised that there was a man behind her. [1:45] Every time she looked back she could see he was still some distance away. [1:48] But closing the gap his shirt was open so she increased her pace walking this way towards the motorway [1:57] and closer to home. [1:59] This was the point where she was attacked. [2:02] She looked behind her and the man had caught up with her and he grabbed her from behind [2:06] and forced her down the bank here. [2:09] I started to panic, I couldn't breathe, I was flailing my arms about panicking. [2:14] I thought by this time the man was trying to kill me. [2:18] I said I know who you are, I've seen your face. [2:21] I reached up and dug my nail in his face from ear to jaw downwards. [2:25] The man came down again, I said please don't, I've got two babies, don't hurt me. [2:30] That comment seemed to annoy him even more. [2:33] He appeared to gain extra strength this time, 20 times harder than before. [2:37] I was convinced he was going to kill me. [2:42] He strangled her until unconscious and raped her twice. [2:48] This was the scene in 2003. [2:50] A massive police investigation found no usable forensic evidence. [2:55] All detectives had to go on with descriptions of the suspect from the victim [3:00] and two supposed eyewitnesses. [3:02] And for 20 years police, prosecutors and the courts concluded it was this man, Andy Malkinson. [3:08] Speaking to me in 2023, he recalled the moment he was accused. [3:13] They said we're arresting you for attempted murder and rape. [3:16] And then I thought, oh my God, they can't think I've done that surely. [3:20] You know, what makes them think I've done that? [3:24] But he was in fact innocent. [3:26] There was nothing to link him to the scene or to the victim. [3:29] He wasn't local, he didn't have any local knowledge. [3:32] And most importantly, he didn't have a scratch on his face that the victim had inflicted [3:37] as she fought for her life. [3:39] It was in fact this man, Paul Quinn. [3:42] He had all the local knowledge. [3:44] He had the right accent and he had a sexual offences conviction. [3:48] But most of all, his DNA was left on the victim's clothing. [3:53] James Burley is an investigator with appeal, [3:55] the miscarriages of justice charity that took on Andy Malkinson's case. [3:59] Just three years after his 2004 trial, [4:03] a forensic science project reviewing DNA samples revealed a hidden truth. [4:08] In 2007, there was a nationwide police retesting initiative called Operation Cube. [4:14] And what that discovered in Andy's case was that there was an unknown male DNA profile [4:21] on the victim's vest top. [4:23] And this didn't match Andy. [4:25] And it was from an area which even the prosecution were describing back then as crime specific. [4:30] And that was because it was in an area that had tested positive for potential saliva staining. [4:35] And it was right on top of where she'd suffered an injury that was consistent with a bite mark [4:39] on her breast. [4:40] And really that should have been the point where it was crystal clear that [4:43] there had been a miscarriage of justice here. [4:44] The Criminal Cases Review Commission, the body that investigates miscarriages of justice, [4:50] twice rejected Andy Malkinson's pleas for help, despite knowing about the discovery. [4:56] It wasn't until 2022 that the profile was linked to Paul Quinn. [5:02] And that was only thanks to lobbying from appeal. [5:05] James Burley's work with scientists was increasingly finding evidence that was pointing to another man. [5:12] When we had these results back, we still didn't know who that unknown male was. [5:16] And so the next step was then going to the Criminal Cases Review Commission and saying, [5:20] OK, you rejected this case previously, but come on now, we've got, you know, this guy's DNA in that [5:27] highly significant area, but also potentially his DNA in various other locations as well. [5:32] Once it was presented with that evidence from us, finally agreed to do some further work. [5:36] And they essentially arranged the search of the National DNA database in 2022, [5:42] which led to the identification of Paul Quinn. [5:45] During Paul Quinn's Manchester Crown Court trial, the jury heard that the chances that the DNA from [5:49] the vest wasn't his were one in a billion. Crucially, prosecutors said another DNA fine [5:56] from a medical instrument used to examine the victim supported their case that he was guilty of rape. [6:02] When he spoke in his own defence, Quinn accepted the vest DNA was his, but he disputed other fines. [6:09] So what was his explanation? How has your DNA, which is one in one billion, ended up on her top? [6:19] I really don't know, because I did not do this offence. There's got to be some explanation I can't think of. [6:30] When he was arrested and interviewed by police in 2022, Paul Quinn had an explanation. [6:37] He told detectives he was a serial philanderer. [6:40] I weren't loyal. I weren't loyal. We did go out partying. We did have a lot of female friends. [6:48] A lot of female friends. We never seemed to have a night out where we didn't end up at a house [6:54] party or we cop off with girls, even during my work, when I'd been working. I've cheated on my wife [7:03] hundreds of times with girls that we've met on nights out. You've tried to explain away the DNA [7:08] by making out as if you slept with the majority of Manchester over a 16 year period. [7:13] Okay. [7:13] And on the off chance that you can say that your DNA has been left inside a victim [7:19] because you may have had sex with her at some time. [7:23] Yeah, but I know you said I've not had sex with them all. It's been contact. [7:27] Okay. [7:27] Quinn and the victim didn't know each other and there was no suggestion in court that she shared his [7:33] casual sex lifestyle. She said that her attacker had worn an unbuttoned white shirt with a [7:39] stripe. Paul Quinn's ex-wife told the trial that she remembered he'd had a shirt like that [7:46] and he'd come home in 2003, on the night of the attack, having lost it. She remembered joking with [7:52] him that it better not be found near the crime scene which was in the news. Crucially, she said [7:58] he used to wear it unbuttoned and that every summer he would shave his chest to deal with the heat, [8:04] two elements which matched the description given by the victim. [8:09] Finally, there was Quinn's internet searching. In 2019, he was looking at reports of Andy [8:15] Malkinson's conviction long after it had been forgotten. He then googled, [8:20] Wrongly convicted cases UK. [8:22] Why would he do that? asked prosecutors. When news later broke of the forensic lead that could [8:30] be a clear and innocent man, Quinn was back on the internet. How long is DNA kept in the database? [8:35] He searched. And later, Why do I keep sweating all the time? [8:41] Paul Quinn knew the police had his DNA because he was a sex offender. In 1991, he was convicted of [8:48] unlawful sexual intercourse with a 12-year-old girl. He'd been 16 at the time. In 2012, the police came to see him [8:57] to take his DNA to add to the national database of offenders. It hadn't been taken at the time of the [9:03] offence because it wasn't operational back then. Quinn also has convictions for arson and violence. [9:11] What type of man is Paul Quinn? [9:15] Clearly a very disturbing or disturbed man, capable of high levels of violence, sexual violence, [9:26] really a dangerous individual. And then to sit back when somebody else goes to prison, [9:31] I think says everything anyone needs to know about the type of man that he is. [9:35] He gave that rather strange account of his promiscuity. We believe that had been thought [9:43] about in advance, that he knew we were coming to arrest him. [9:46] Do you think it's possible there are other victims out there? [9:48] As it stands right now, we do not have any definitive links [9:51] with Quinn and other offences, but it is something that we are continuing to investigate. [9:56] And absolutely, if there is anybody that has any information to provide to us [10:01] about Quinn and his offending history, then I would urge them to get in contact with us, please. [10:06] There's only two men at that time who knew absolutely that this was a miscarriage of justice. [10:11] One of them was Andrew Malkinson, and one of them was the attacker, and that's Paul Quinn. [10:16] Greater Manchester Police are liars, and they are in denial. [10:23] I was there at the course of appeal when he came out, a free, innocent man, [10:28] and he described Greater Manchester Police as liars. [10:30] How does that make you feel as an officer of this force today? [10:34] Uncomfortable. [10:36] My job now from October 2022 is to make sure that this investigation is conducted with absolute [10:43] integrity, that we follow up every single reasonable line of inquiry, that we make sure [10:49] that we have done a really thorough investigation. And we do that not only for the victim, we do that [10:54] for Andrew Malkinson, because it is essential that we get this right for both of them. And this is [11:00] a unique investigation in terms of not only our professional investment, but personal investment, [11:06] because the magnitude of this, the magnitude of the impact that this has had on somebody's life, [11:11] not only the victim, but Andrew Malkinson, we realise, and we've all been absolutely invested [11:18] in making sure that we get this right. That's what we can do, that's within our control. [11:23] Important breaking news here, because Paul Quinn has been found guilty by a jury at Manchester [11:28] Crown Court of a rape attack in 2003. To the victim of this heinous crime, [11:35] and to Andrew Malkinson, the victim of this profound miscarriage of justice, I apologise sincerely. [11:43] I read this statement on behalf of the victim. I am very pleased with the verdict today. [11:48] It does not change the fact that two lives have been impacted in such a way, [11:52] however justice has been served. What this wrongful conviction has done, you know, it's wrecked Andy's [12:00] life, but it's also denied the victim justice, it's jeopardised public safety. And because the police [12:06] didn't do their job, because the CCRC didn't do this job, this dangerous man was allowed to roam free [12:12] for all those years. I mean, that's just like, you know, sickening. During Paul Quinn's trial, [12:18] the victim told the jury that she hadn't been sure that Andy Malkinson was her attacker after she saw [12:24] him in court in 2004. Now, she confided in a police officer at the time. She couldn't remember his name, [12:32] but she called him The Don, because he looked a bit Italian to her. [12:37] The fact that Andrew was imprisoned for 17 years for a crime he didn't commit is clearly a failing [12:43] of Greater Manchester Police and the wider criminal justice system. And for that, we are absolutely [12:50] sorry. I cannot imagine the impact that that has had on him and his family. And for that, we are [12:58] profoundly sorry. We are determined that this cannot happen again. And we also offer our apologies to [13:05] the victim who we've let down. There is a difference between corruption and human error. We really need [13:12] to understand how those errors occurred and why those errors occurred. And only at that point will [13:20] we be able to understand whether there is blame for the police, for anybody else. [13:25] A judge-led enquiry is now looking into the actions of police and prosecutors. The Independent [13:31] Office for Police Conduct, the watchdog, is investigating five GMP officers who are retired, [13:38] one of whom is back in the force as a civilian and one serving officer. Paul Quinn is now in prison [13:45] and it's now down to those enquiries to work out why he was free for so long, while the wrong man, [13:52] Andy Malkinson was locked up in jail.