THE conviction of a Belfast man during the Troubles, who spent ten years in prison, is to be reviewed by Northern Ireland's Court of Appeal.
Michael Devine was convicted in 1981 of attempted murder, firearms and terrorism offences and sentenced to 20-years behind bars. A co-accused had his conviction quashed the following year, but Mr Devine served his full sentence in the Maze prison.
After submissions by Mr Devine's lawyer Joe Rice, the Criminal Cases Review Commission (CCRC) has now referred the case back to the appeal court over concerns about the absence of modern standards of fairness in the police interview process.
The referral was based on a number of new factors including other Court of Appeal decisions, including one that "casts doubt on the credibility of at least two officers connected with Mr Devine's case," the CCRC said.
It also considered new evidence from a forensic linguist expressing concerns about disputed statements and evidence potentially undermining the credibility of a now retired senior interviewing officer, who was involved in several controversial police investigations after Mr Devine's conviction.
The CCRC said yesterday that having "reviewed the case in detail", they decided to refer Mr Devine's case for appeal "because it considers that there is a real possibility that the court will quash the conviction."
At the time of his arrest the west Belfast man was 17-year's-old. He pleaded not guilty at trial but was convicted on foot of admissions alleged to have been made during a number of RUC interviews.
Mr Devine, who gave evidence at his original trial, denied making the confessions, saying he had barely spoken during interviews.
Speaking yesterday he said he was "pleased" but "anxious" at the prospect of having his conviction quashed on appeal.
"I am an optimistic person and have always believed that the truth about the nature of the evidence used to convict me in 1981 would eventually be brought to light."
"At the end of the day all I really wanted was to have a fair hearing of the evidence and the facts, and it is my belief that the information uncovered and discovered by the CCRC will go some way to support that."
Mr Devine's solicitor Joe Rice said: "There was always unease about the nature of the evidence that led to Michael's conviction.
"This is now the first time our Court of Appeal will have the opportunity to examine the totality of the evidence in Michael's case."
