A man who was convicted of IRA offences but later freed as the rules had not been followed when he was extradited to stand trial, today lost a High Court battle in London for compensation from the British government.
The judges rejected a challenge to the Home Secretary's decision to refuse compensation to Mr Nicholas Mullen (54) who was accused of being one of the IRA's "top fixers" and served nine years of a 30-year sentence imposed at the Old Bailey in 1990 for conspiracy to cause explosions.
Mr Mullen, of Liverpool Road, Highbury, north London, was freed on appeal in February 1999 following claims that MI6 had "effectively kidnapped" him in Zimbabwe so that he could be brought back to England for trial. Lawyers for Mr Mullen said they would apply to the Court of Appeal to consider his case.
Two senior judges ruled prisoners whose convictions were found to be "unsafe" on technical grounds or because of procedural errors should not necessarily receive cash payments.
Lord Justice Simon Brown, sitting with Mr Justice Scott Baker, said making a payment would be "an affront to justice". He said: "Compensation goes only to those ultimately proved innocent, not to all those whose convictions are adjudged unsafe".
Mr Mullen smiled as today's judgment was handed down and when asked to comment on the outcome said: "You wouldn't be able to print what I wish to say".
PA