An Irishman who has spent 26 years in prison in the UK protesting his innocence of murder was dramatically freed yesterday by three Court of Appeal judges who ruled his conviction "unsafe".
Mr Frank Johnson (66), who is originally from Clonmel, Co Tipperary, has always maintained he did not murder Jack Sheridan (60), by setting him ablaze in his shop in Whitechapel, east London, on February 3rd, 1975.
Ms Gareth Peirce, solicitor for Mr Johnson, said: "It was an extremely unexpected decision made when the judges came back after lunch. It is bringing to an end a prolonged period of imprisonment when Mr Johnson could have been out years ago had he acknowledged guilt and had he co-operated with the life review board.
"He has consistently said he would do no such thing.
"If his conviction had not been quashed today, one could imagine - the system being what it is at present - he might have remained in prison for the rest of his life."
Ms Peirce expressed concern for Mr Johnson's immediate future on leaving Swaleside prison on the Isle of Sheppey, saying the Prison Service made no adequate provision for a prisoner being released in his circumstances. "He has now been in 26 years. He doesn't have any immediate close family, as such a long period of imprisonment has caused distance."
Mr Johnson, who was convicted of murder in 1976 along with two co-accused, turned down the chance of parole years ago, insisting he was not guilty of the crime.
On the second day of his appeal in London, Lord Justice Longmore, sitting with Mr Justice Wright and Sir Richard Rougier, unexpectedly announced they were quashing the conviction.
Lord Justice Longmore said: "We have come to the conclusion that in the light of the medical history of this case, the medical evidence, it is impossible for us to say that Mr Johnson's conviction is a safe conviction. It will therefore be quashed." There was no need for any further submissions in the case, he said, and Mr Johnson could now be "discharged".
During the hearing Mr Edward Fitzgerald QC, for Mr Johnson, told the judges that during his trial the convicted man was suffering from a mental disorder, paranoid psychosis. "The appellant was unable to participate effectively in his trial by reason of his mental state."
Johnson's case was referred to the Court of Appeal by the Criminal Cases Review Commission, which investigates possible miscarriages of justice.
The Irish Commission for Prisoners Overseas welcomed the outcome. Its director, Father Gerry McFlynn, said: "It's great that Frank is free at last. However, it is a sad reflection on the British judicial system that a prisoner can spend 26 years in prison before having his innocence established at appeal."
Mr Paddy Hill and Mr Billy Power, two of the freed Birmingham Six, were in court for the ruling. Mr Power said that Mr Johnson would be coming to stay with him initially.