A man who served eight years of a 15-year prison sentence for armed robbery has had his conviction quashed by the Court of Appeal in London.

John Joseph Cummiskey, 49, from Coventry, was jailed in 1985 following an investigation by the then West Midlands Serious Crime Squad.

Mr Cumminskey claimed he was "fitted up" by officers from the discredited squad, and accused them of fabricating evidence against him.

Three judges ruled on Thursday that, if what was now known about the squad's activities had been available at the time of his trial, the jury might have reached a different verdict.

Sawn-off shotgun

Lord Justice Kay, sitting with Mr Justice Gibbs and Mr Justice Roderick Evans, said: "In reaching this conclusion, we are not making any finding of any relevant impropriety by any police officer in relation to this case."

Mr Cummiskey, formerly of March Way, Ernesford Grange, Coventry, was jailed at Birmingham Crown Court in July 1985 for allegedly taking part in the £185,000 armed robbery of a Post Office van in the city the year before.

The masked robbers abandoned their getaway car, leaving the money and a sawn-off shotgun inside.

Mr Cummiskey was arrested nearby.

His request for permission to appeal was rejected in April 1987 but, 12 years later, following other appeals involving the squad, he asked the Criminal Cases Review Commission to refer his case back to the Court of Appeal.

The prosecution did not oppose Mr Cummiskey's latest appeal and did not seek a retrial because of the lapse of time since the robbery.

An armed robber jailed following an investigation by the now-disgraced West Midlands Serious Crime Squad could have his conviction quashed.

John Joseph Cummiskey was sentenced to 15 years at Birmingham Crown Court in July 1985 for robbery and possession of firearms.

But now his case has been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) after new evidence came to light.

Cummiskey (47), formerly of March Way, Ernesford Grange, Coventry, was jailed for his part in the robbery of a Post Office van as it returned to its depot in 1984.

His application for leave to appeal was refused by Law Lords in April 1987, and he served about eight years of his sentence.

He applied to the CCRC in April 1999 for a review of his conviction and now his appeal is expected to be held in the next six months.

Cummiskey is believed to be still living in the Coventry area and could be in line for substantial compensation if his appeal is upheld.

Cummiskey's solicitor, Ewen Smith of Glaisyers, said: "I know Mr Cummiskey will be delighted with this referral because this has been a very long haul."

Mr Smith said the application was accepted because of question marks over the tactics employed by the discredited West Midlands Serious Crime Squad.

Cummiskey's alleged partner in crime, Roy Mends, of Penny Park Lane, Keresley, Coventry, had his robbery and firearm convictions quashed in January 1995.

A man who served eight years of a 15-year jail sentence for armed robbery following an investigation by the now-disgraced West Midlands Serious Crime Squad is almost certain to have his conviction quashed.

John Joseph Cummiskey, 49, from Coventry, could be in line for substantial compensation if his appeal is allowed.

At a preliminary hearing before three Court of Appeal judges in London today, Lord Justice Kay said: "As things stand at the moment, we cannot actually see how the conviction could be upheld."

The judge, sitting with Mr Justice Poole and Mr Justice Treacy, agreed with prosecution lawyers that there might still be a "strong and compelling case" against Cummiskey despite fresh evidence - understood to relate to the allegedly doubtful tactics employed by the Squad.

But he said that, had the appeal been listed for full hearing today, it was "highly likely" that it would have been allowed.

The Crown is to consider its position between now and the full appeal hearing on November 27 or 28.

Cummiskey, formerly of March Way, Ernesford Grange, Coventry, was jailed at Birmingham Crown Court in July 1985 for his part in the robbery of a Post Office van.

His plea for leave to appeal was rejected in April 1987, but twelve years later he asked the watchdog Criminal Cases Review Commission to refer his case back to the Court of Appeal.