MR COLIN DUFFY was released yesterday by the Appeal Court in Belfast. The 28 year old man from Lurgan, Co Armagh, was jailed for life in July, 1995, after Mr Justice Kerr, sitting without a jury, convicted him of murdering a retired UDR sergeant, John Lyness, in 1993.
The main aspect in the prosecution case was the identification evidence given behind screens by a man known only as Witness C, who later emerged to be Lindsay Robb, a leader in the loyalist Progressive Unionist Party, who was later jailed for 10 years in Scotland for UVF gun running.
Robb's evidence was not used at last week's appeal after the prosecution decided he was not a credible witness. That left the testimony of a former UDR man, known only as Witness B, as the only identification evidence. The three appeal judges described the quality of Witness B's evidence as poor when they unanimously decided to quash the murder conviction.
The Lord Chief Justice, Sir Brian Hutton, said there was at least a reasonable possibility that the gunman who shot Mr Lyness was wearing sun glasses. "The possibility that Witness B was in error when he said the gunman was not wearing sun glasses is a factor which weakens the reliability of his identification."
He said it showed not only that Witness B's observation may have been inaccurate "but, if the gunman was wearing sun glasses, this would increase the difficulty of identifying him".
Sir Brian said the combination of these factors caused the court to conclude that the quality of identification evidence given by Witness B was poor. "As the Crown now accepts that no reliance should have been placed on the evidence of Witness C (Robb) ... we hold that the appeal should be allowed and the conviction quashed as being unsafe."
Outside the court, Mr Duffy criticised the system of justice in Northern Ireland.
"I am out of jail now after a long, long haul but I am still bitter and angry about being in there at all."
Before heading off to a celebration party, Mr Duffy told reporters outside the court. "I spent three years and three months in jail and today proves the lack of justice here.
"Judge Kerr accepted the word of a UVF member and a UDR member instead of taking the word of a republican prisoner like myself. These people seem to have a problem accepting the word of a republican. All republicans are not animals and are not people to be looked down upon."
His solicitor, Ms Rosemary Nelson, said he would be considering a claim for compensation for wrongful arrest and false imprisonment.