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CLEARED OF MURDER ..AFTER 17YRS IN JAIL; Dad seeks compo over 'Good Samaritan' killing.

Byline: ALAN ERWIN n.ireland@mirror.co.uk

A MAN jailed for the notorious murder of a council worker nearly 40 years ago had his conviction quashed yesterday.

Senior judges declared significant unease about the safety of the verdict returned against Patrick Livingstone for the "Good Samaritan" killing of Samuel Llewellyn.

Their ruling was based on the alleged brutality of RUC officers involved in securing a statement implicating the West Belfast man.

Mr Livingstone, 62, described the decision as a vindication of his fight to clear his name and he plans to seek compensation for the 17 years he spent in prison.

Mr Llewellyn was abducted as he delivered hardboard to repair homes damaged by a bombing on Belfast's Falls Road in August 1975.

The cleansing section worker was taken to a house in Leeson Street where he was shot dead.

His body was wrapped in a sheet and put in a van which was set alight.

The only evidence against Mr Livingstone at his trial came from three RUC officers who later interviewed him at Dundalk Garda station and claimed he confessed to the murder.

It was alleged he taunted the policemen about the shooting, boasting they could do nothing about it because he had no intention of crossing the Border.

He disputed their account and denied the killing, with his defence claiming the RUC witnesses had concocted a false account.

But Mr Livingstone was convicted in May 1977 and sentenced to life imprisonment.

His case was re-opened and referred to the Court Of Appeal by the Criminal Cases Review Commission, the body set up to examine potential miscarriages of justice.

The challenge centred on alleged police violence towards another man who said he was beaten into signing a statement which claimed Mr Livingstone admitted the crime.

His allegations included being put against a wall and hit across the stomach, having chest and head hairs pulled out and being hooded, spun around and hit across the feet for up to 45 minutes.

The CCRC also investigated the quashing on appeal of another man's convictions for assaulting two of the RUC officers who testified at the murder trial.

Ruling on the case alongside two judges, Lord Chief Justice Sir Declan Morgan held the fresh evidence should be introduced.

He said the claims of police mistreatment was never tested and would have opened a line of inquiry "which might have affected the credibility of the police witnesses".

Sir Declan added: "Because of the non-disclosure, the appellant lost the opportunity to pursue that line of argument."

The judge held evidence had also been raised of potential wrongdoing in testimony from at least some of the police interviewers.

He said: "For the reasons set out, we have a significant sense of unease about the correctness of this verdict and accordingly allow the appeal."

Mr Livingstone, who was in the Court Of Appeal with his son Cormac and other friends, told how the outcome has been "a long time coming".

Speaking after the verdict, he said: "I feel totally vindicated but there's a lot more people than me, on both sides of the divide, who went through those Diplock courts.

"I spent 17-and-a-half years in jail for something I didn't do. I intend to seek compensation."

I spent 17-and-a-half years in jail for something I did not do PATRICK LIVINGSTONE

CAPTION(S):

VINDICATED Patrick Livingstone with son Cormac outside court in Belfast yesterday
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Publication:The Mirror (London, England)
Geographic Code:4EUUK
Date:Jun 26, 2013
Words:569
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