Belfast Telegraph

Man’s 1981 conviction for terrorism is quashed

- By Alan Erwin

A WEST Belfast man jailed for terrorist offences has won a 40year battle to clear his name.

Judges in the Court of Appeal ruled that Michael Devine’s conviction­s for attempted murder, having a gun and ammunition, and belonging to a proscribed organisati­on were all unsafe.

The verdict was reached amid claims that a police officer fabricated admissions Mr Devine denied ever making while interviewe­d as a teenage suspect.

The 58-year-old said: “I feel vindicated and exonerated, but this has been a long time coming.

“I have lost 10 years of my life.” In 1981 he was found guilty at Belfast Crown Court of a total 10 charges, which also included conspiracy to pervert the course of justice and wounding with intent.

Some of the alleged offences related to a gun attack on a policeman in the city in October 1978.

Mr Devine was given a 20-year sentence, half of which he served in prison.

He always maintained his innocence and fought to have the conviction­s overturned.

His case was referred back to the Court of Appeal by a body which examines potential miscarriag­es of justice.

The Criminal Cases Review Commission identified a number of new factors, including the absence of modern standards of fairness in the police interview process.

Issues were also raised about material in a confidenti­al annex.

Following a brief hearing Lord Chief Justice Sir Declan Morgan said the case had “generated some concern” and confirmed the appeal is to be allowed.

“Those reasons are sufficient to cause us to consider that the conviction is unsafe,” he ruled.

Outside court Mr Devine insisted: “The evidence used to convict me was a verbal admission at interview which I always denied making.”

He said complaints that he raised about the particular conduct of one officer were ignored.

“He fabricated e v i d e nc e against me and swore on it in court,” Mr Devine alleged.

“This was a miscarriag­e of justice, but it’s not just me. There are other people out there who suffered a similar fate on the basis of police wrongdoing.

“I’m fortunate that the injustice inflicted on me has been exposed and corrected, so this is a day for celebratio­n.”

His solicitor Joe Rice said: “Mr Devine’s good character has now been restored.

“He is now considerin­g his legal options, but we wait with interest for written reasons why the conviction­s were quashed.”

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