The Court of Appeal has upheld a decision that Robert Clarke, 74, received early release in error for the 1973 murder of Catholic chip shop owner Alfredo Fusco in north Belfast.

Judges ruled Clarke must return to custody before submitting a new application to the Sentence Review Commissioners. Clarke faces a minimum 25-year term that runs until February 2036.

Gunmen entered Fusco's cafe on York Road in February 1973 and shot the 53-year-old victim as he tried to barricade himself in a storage area.

Clarke, from Dundrod Road in Nutts Corner, received a conviction in 2011 based on fingerprint evidence from the scene. He served two years before release on licence under the Good Friday Agreement in 2013.

Clarke previously served 15 years for the 1975 drive-by shooting death of Margaret O'Neill, 58, in north Belfast.

The Sentence Review Commissioners initially approved his early release under the Northern Ireland Sentences Act 1998. The Secretary of State challenged this, noting Fusco's murder occurred before the act's emergency legislation applied to scheduled offences.

A High Court judge quashed the release and the commissioners rejected Clarke's 2024 reapplication. Lawyers argued new Troubles Legacy legislation would lead to release, but the Court of Appeal dismissed the challenge.

Lord Justice Colton ruled that public interest requires serving court-imposed sentences. He noted the law demands applicants be in custody and called unlawful release an absurdity.

The court scheduled a hearing next month to determine next steps. Clarke's barrister indicated other legal options remain.