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Wednesday, 26 June, 2002, 15:57 GMT 16:57 UK
Conviction quashed over 1975 murder
Frank Johnson (right) is met at the prison gate by friends
A man who spent 26 years in prison for murder has had his conviction quashed by the Court of Appeal.
Irish-born Frank Johnson, now 66, was jailed in 1976 for the murder of Jack Sheridan, who died after he was set alight at his shop in east London. But on Wednesday three appeal court judges said his conviction was "unsafe" after hearing how Mr Johnson had a mental disorder at that time. The decision means Mr Johnson will be freed from jail and will be able to apply for compensation.
Speaking on the second day of the appeal hearing, Lord Justice Longmore said: "We have come to the conclusion that in the light of the medical history of this case, it is impossible for us to say that Mr Johnson's conviction is a safe conviction. "It will therefore be quashed." Lord Justice Longmore said Mr Johnson, who had waived his right to be present for the hearing, could now be "discharged".
Parole refusal Mr Johnson always maintained he did not murder Mr Sheridan, 60, who died three weeks after being attacked in his shop in Whitechapel on 3 February, 1975. Two other men, Jack Tierney and David Smart, were also convicted of the murder but have since been freed on parole. However, Mr Johnson turned down the chance of parole, which would have enabled him to leave prison years ago, insisting he was innocent. 'Early release' Gareth Peirce, solicitor for Mr Johnson, said the judges made their decision early, since the hearing was expected to last for three days. "Mr Johnson could have been out years ago had he acknowledged guilt and had he cooperated with the life review board," she said. "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." Birmingham Six Ms Peirce expressed concern for Mr Johnson's immediate future after leaving Swaleside, because the Prison Service makes no adequate provision to offer support for prisoners being released in these circumstances. Mr Johnson has been supported by members of the Birmingham Six, who also had convictions overturned. They have said they will put Mr Johnson up when he is released from prison. The appeal judges will give reason for their decision on Thursday. |
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