Man from Exeter arrested over rape which another man has already served 17 years in prison for

A mother of two was attacked by the M61 motorway in Little Hulton, Salford Credit: ITV News

A 48-year-old man from Exeter has been arrested on suspicion of a rape which 57-year-old Andrew Malkinson has already served 17 years in prison for.

It has emerged that Mr Malkinson could be allowed to appeal against his 2003 conviction for the first time after new DNA evidence emerged.

He applied for his case to be reviewed by the Criminal Cases Review Commission twice, but was turned down, eventually being released from prison in December 2020.

After his release, advancements in scientific techniques allowed his legal team to provide evidence that traces of DNA matching another man on the national police database had been found on the victim's clothing.

Andrew Malkinson has always maintained his innocence Credit: ITV News

The CCRC has now reviewed the evidence and allowed the case to be referred to the Court of Appeal, where judges will decide whether to allow an appeal against the conviction.

Greater Manchester Police said on Tuesday that the 48-year-old had been arrested last month on suspicion of the rape. He has been released under investigation.

In a statement issued by legal charity Appeal, Mr Malkinson said: "I am innocent. Finally, I have the chance to prove it thanks to the perseverance of my legal team at Appeal.

"I only have one life and so far 20 years of it has been stolen from me."

Andrew Malkinson had been convicted of attacking a woman in Greater Manchester in 2003 and jailed for life the following year.