Andrew Malkinson has still not received compensation three years after his release

A man who spent 17 years in prison after being wrongly convicted of rape is still waiting for compensation three years after his release.

Andrew Malkinson, 58, was convicted last year of the 2003 sex attack near Bolton.

Emily Bolton, the attorney who represented him during his criminal appeal, said he feels like “the state is trying to break him.”

The Justice Department said it is trying to make a decision on compensation “as quickly as possible.”

Mr Malkinson’s conviction was quashed in July after the Court of Appeal heard allegations of major failings in the handling of the case against him.

Mrs Bolton told the Today’s program that he is “definitely still struggling” and frustrated about the demand for information he has to provide to the Department for Work and Pensions in order to receive benefits.

She said: “It’s about mistrust. What else does Andy have to prove?”

Ms Bolton said Malkinson should have received an interim compensation payment “yesterday”.

She said he instead received a letter telling him the average wait time for compensation was 31 weeks.

“Andy shouldn’t be referred to the statistics, this is a very simple case… I can’t begin to describe how frustrating and outrageous this is from where he sits.

“Thirty-one weeks is seven months, which takes it to next spring, which is their average processing time.

“So why is it taking so long for a government that has already accepted that he was wrongly convicted to allow him into a plan that provides compensation to people wrongly convicted?”

Mr Malkinson has fought for 20 years to prove he was innocent of the rape of a mother-of-two from Salford, who cannot be named for legal reasons.

He could have been released after six and a half years if he had made a false confession, something he said he was never willing to do.

Ms Bolton said that because the system for compensation has changed, it is no longer automatically paid out to those who leave prison after their conviction is overturned.

She said: “That system is simply not fit for purpose because it is so slow and there are so many aspects that Andy has had to challenge… those battles have taken time but now… the Secretary of State just has to approve him for the plan.

“And once that approval is received, he can apply for that interim payment.”

But she warned that this would “also take time.”

An MoJ spokesperson said: “We have been clear that those who suffered devastating miscarriages of justice, such as Andrew Malkinson, should not use their compensation to take legal action against those responsible.

“We are working to make a decision on Mr Malkinson’s claim for compensation as soon as possible.”