But let's not pretend that Andrew Malkinson is the only person who has
been convicted of a crime that he did not commit. He's just lucky that
the DNA evidence was persuasive. The system is certainly capable of
letting guilty people go free and innocent people convicted.
I am amused to read in the Guardian "he always insisted he was
innocent", as if that was a clear indication of his innocence. Jeremy
Bamber has always asserted that he was innocent, too. And I suppose it
is conceivable that he is innocent, but the evidence seems to point to
him being guilty which is why he remains in prison.
It is sometimes argued that Barry George was plainly innocent and that
there was no evidence pointing to his guilt. Which ignores the
substantial weight of evidence that was examined at trial and in the
Court of Appeal before eventually he succeeded in his appeal. That was
because of faulty scientific evidence about non existent gunpowder
residue, and was then found not guilty at a re-trial. The jury could
just as easily have found him guilty again since they are the ultimate
arbiters of fact and are capable of making mistakes. When Barry George
sought compensation for wrongful imprisonment it was refused. In the
High Court the judges said, "There was indeed a case upon which a
reasonable jury properly directed could have convicted the claimant of
murder" and on the strength of this, denied George compensation for
wrongful incarceration.