The Wrong Man BBC documentary follows a 17 year fight for justice

BBC Two is to air a new documentary about Andrew Malkinson, who spent almost 2 decades in prison, for a crime he didn’t commit.

The Wrong Man: 17 Years Behind Bars is a one-hour film, with exclusive access to Malkinson, his family and his legal team.

Filmed over 3 years from the day he walks out of prison, Directors Jemma Gander and Fran Robertson follow them as they take on the criminal justice system to overturn the conviction.

Malkinson was a 37-year-old security guard in Salford, when in 2003, the police knocked on his door to arrest him for the violent attack and rape of a young woman. 

Knowing that he didn’t do it, he believed everything would be cleared up when he got to the police station and took part in a video lineup.

But, the victim identified him in the lineup as the man who’d attacked her and he was charged with attempted murder and rape. Just over 6 months later a jury found him guilty of rape and sentenced him to life in prison. He began his life sentence on the sex offenders wing in HMP Frankland on 30 March 2004.

After serving 7 years of his sentence, he was eligible for parole, an early release under supervision. For the Parole Board to assess his risk to the public, he’s asked to attend offender behaviour programmes which he refuses to do as it means talking about the rape he didn’t commit. 

As an appeal lawyer, Emily Bolton and investigator James Burley investigate his case, they uncover revelations about the witnesses that start to show a picture of failings by Greater Manchester Police in its original investigation of the case.

After 17 years, the Parole Board decides he can be released, but he’s still convicted of being a sex offender, under tight supervision by the probation service and the police.

It’s only after the Court of Appeal heard allegations of major failures that he was declared innocent – 20 years after the original arrest.

“We first met Andy on the day he was released from prison in 2020, when he was still considered a guilty man,” said Directors Fran Robertson and Jemma Gander.

“We knew that he had already spent 17 and a half years behind bars, fighting for the truth to come out and hoping that one day he would be able to tell the full story of his wrongful conviction and of the failures of the criminal justice system. We’re grateful that he allowed us to follow his journey to the Court of Appeal and that he has trusted us to help tell his story.”

The Wrong Man: 17 Years Behind Bars is made by Two Step Films for BBC Two and iPlayer. It was commissioned by Clare Sillery, Head of Commissioning, Documentaries. The Executive Producers are Shona Thompson and Kevin Macdonald and the Producer/Directors are Jemma Gander and Fran Robertson. The Commissioning Editor is Emma Loach, who added:

“This film describes one of the most terrible miscarriages of justice of our time. This was not only a devastating failure of the judicial system for Andrew, it has also neglected to bring justice for the victim of what was an appalling crime. The film goes behind the headlines and shows Andrew’s bravery and tenacity as he fights for his freedom and the terrible repercussions he is still facing today.”

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