A rapist whose horrific crimes led to the wrong man being jailed could have his jail time increased if a Bolton MP’s call is heeded.
Paul Quinn, 52, was jailed last week 23 years after he dragged a woman to an isolated embankment off a motorway bridge between Farnworth and Little Hulton and raped her.
His crimes led to the arrest and wrongful conviction of Andrew Malkinson, now 60, who spent 17 years in jail for a crime he did not commit.
But Quinn’s sentence last week means he could ultimately serve only 14 years in custody, three years less than the innocent Mr Malkinson.
Bolton South and Walken MP Yasmin Qureshi, who’s constituency includes the key locations of the crime, has now written to the Attorney General calling for Quinn’s sentence to be increased.
Ms Qureshi said: "This conviction was meant to close the door on one of the gravest miscarriages of justice this country has ever seen.
“An innocent man spent 17 years in prison for a crime he did not commit.
“A woman who was raped and subjected to appalling violence has had to relive that trauma in court, more than 20 years on, to ensure that the man who attacked her was finally held to account.
"It cannot be right that the actual perpetrator of these crimes may serve less time in prison than the innocent man who was wrongly convicted for them.
“That is especially troubling given that Quinn knew of Andrew Malkinson's wrongful imprisonment and said nothing.
"As a barrister and a former prosecutor at the Crown Prosecution Service, I know that sentencing guidelines exist to guide courts, not to cap them. In cases of exceptional gravity, judges have the power to go further. I trust that if this is referred to the Court of Appeal, the Crown will seek a sentence that truly reflects the seriousness of what was done."
Mr Malkinson had served 17 years because truthfully maintaining his innocence throughout his sentence meant he could not be considered for early release.
He was not released until 2020 and conviction not quashed until 2023.
Quinn, of Whipton Barton Road, Exeter, was convicted of two counts of rape after a trial earlier this year.
He was also found guilty of, one count of inflicting grievous bodily harm with intent and one count of choking with intent to rape.
But the sentence passed by Mr Justice Robert Bright of 21 years with an extended licence period of another three years, means he could be released on licence after serving 14 years in custody.
Mr Malkinson said after last week’s sentencing he felt “insulted” by Quinn’s potential time in jail being shorter than his own.
In a statement released through Appeal, a charity that campaigns against wrongful convictions, he said: “I am insulted that this violent, depraved individual, who was content to let me suffer two decades of vilification and more than 17 years wrongly imprisoned for his crime, has received a softer sentence than was imposed on me, an innocent man.
“I got sentenced to life imprisonment and served more than 17 years inside. Throughout that time I didn’t know if I would ever be released.
“Paul Quinn, who has a track record of violence and sexual offences, and who let me rot whilst he enjoyed his freedom, could now be out after just 14 years, and will certainly be out after 21 years.
“I hope that this man does not get parole and that he serves longer than me. Anything less is not justice.
“I am also appalled for the victim, who has suffered so gravely and whose real attacker has today gotten off lightly.
"My thoughts are with her and her loved ones, who I hope today nevertheless brings some peace."
Ms Qureshi has now written to attorney general Lord Hermer KC urging him to refer Quinn to the Court of Appeal under the Unduly Lenient Sentencing Scheme.
She says she hopes Lord Hermer will act within the statutory time limit and confirm the case is actively under consideration.
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