FORMER Sinn Féin MLA Fra McCann has described a decision to quash his and five others' convictions for escaping from Long Kesh in 1974 as "bittersweet".
On Monday, the Court of Appeal overturned the 1975 convictions of internees Fra McCann, Patrick Holden, Anthony Hughes, James Joseph Walsh, Patrick Fitzsimmons and Francis Johnston.
The decision was based on a precedent set in a case taken by former West Belfast MP Gerry Adams. In 2020, the UK Supreme Court quashed his convictions for escaping from Long Kesh because his detention was unlawful.
The court held that Mr Adams' detention under an 'Interim Custody Order' was not personally considered by the Secretary of State as required by law.
This week's Court of Appeal decision applied the precedent to the escape of six men convicted in September 1975 after escaping from Long Kesh in November 1974.
During the escape, republican prisoner Hugh Gerard Coney was shot dead by a British soldier. An inquest into the death of Mr Coney is listed to be heard in February 2023.
Fra McCann, who was beside Mr Coney when he was shot, said the court's decision raised questions about the "legality of internment".
"It's fairly significant in the fact, not only that the conviction has been set aside, but also in that it leads on to the whole question of internment without trial," he said.
"There are considerable number of ex-internees who are taking individual cases.
"This morning was sad, because I was lying beside Hugh Coney who was shot dead when he was on the escape, and now that offence has has been set to the side. The whole question of the legality of internment has been brought up and there's a man in Hugh Cooney who was murdered by British soldiers."
He added: "Today's decision is bittersweet because of the loss of Hugh Coney."
Padraig Ó Muirigh, solicitor for the internees, said: "The matters of fact and law which determined the Adams case in the appellants favour were in large measure replicated in these cases."
Ahead of the case he said the "lacuna in the prosecutions proofs" made for a "compelling argument" that the convictions should be quashed.