in 2004, he was convicted of a violent rape purely on the basis of witness identification. there was no dna linking andy malkinson to the scene of the crime. but there was the dna of another unknown man on a piece of clothing. the files seen by the bbc reveal that as far back as 2009, greater manchester police knew this, as andy malkinson told bbc newsnight. i could have been out eight years before i was, yeah. if someone had just looked at that match on the database, if someone had trolled the database? yes, i have to say, the cclc had the opportunity back in 2010. they failed. the ccrc is the criminal case review commission, the body tasked with investigating miscarriages ofjustice. in 2012, they turned down his request for an appeal. it is thought cost was a factor.