The man jailed for 14 years for his part in the killing of the three Quinn brothers in July, 1998, was refused leave to appeal to the House of Lords yesterday.
However, in the Court of Appeal in Belfast, judges certified that a point of law of general public importance had been raised in the case.
Last month Garfield Gilmour (25), from Newhill Park, Ballymoney, Co Antrim, was cleared on appeal of murdering the Quinn boys, Richard (11), Mark (10) and Jason (9), who were burned to death in a petrol bomb attack on their home in Ballymoney. Judges substituted a conviction of manslaughter after he admitted driving other men to the scene but denied knowledge of an intended petrol bomb attack until the last minute.
Gilmour's lawyers are now expected to petition the Lords directly for leave to appeal.
The legal point for consideration is "Whether a person may be found guilty as an accessory of manslaughter where he contemplates that the principal will commit the act which he does in fact commit, but the principal intends to kill or commit grievous bodily harm to the victim, whereas the defendant did not contemplate that death or grievous bodily harm would be caused."