
The Court of Appeal ruled the verdict was unsafe due to issues of potential prejudice
A man who was shot by dissident republicans after being found guilty of raping a 15-year-old schoolgirl has had his rape conviction quashed.
Belfast's Court of Appeal ruled the verdict returned against Keith John Burnside was unsafe.
The 38-year-old, from Rosemount Gardens, Londonderry, was jailed in 2009 after he was found guilty of raping the girl in February 2000.
While awaiting sentence, he was shot in both legs in a "punishment" attack.
He was attacked by two masked men in front of his girlfriend and two children.
On Wednesday, the Court of Appeal quashed his rape conviction due to issues of potential prejudice to his defence.
'Overwhelmed'
His lawyers had brought the appeal due to the delay in the rape complaint being made against him.
The girl did not report the alleged attack for six years, but after telling her mother, she then made a statement to police.
Mr Burnside's lawyers contended that the jury was not properly directed on the potential prejudice this caused.
On that basis a panel of three judges, led by Lord Chief Justice Sir Declan Morgan, held that the guilty verdict was unsafe.
Quashing the conviction, they decided not to order a retrial.
Mr Burnside had been found guilty of rape at his second trial at Londonderry Crown Court in 2009 and was jailed for seven and a half years.
He was also ordered to sign the sex offenders' register for an indeterminate period.
Mr Burnside's lawyer said he was "overwhelmed" at having his name cleared after two trials.
'Good name'
"Although he spent many years in jail during which time he wasn't able to see his young son he is relieved that justice was finally done, allowing him to return to his family a free man," the solicitor said.
"In a case like this it's very important that the public know about someone having their good name restored because up until now it was still reported that he had a conviction for a serious sexual assault."
He added: "Our client not only served time for something he didn't do but he was also the victim of a serious attack.
"He can now re-apply for compensation unfairly withheld from him for a broken leg sustained during a vicious paramilitary-style attack."