A GLASGOW man jailed for nine years for the "savage" killing of a taxi driver had his conviction quashed today.

Appeal judges ruled that Thomas Rooney, 44, had suffered a miscarriage of justice.

Rooney was earlier found guilty of the culpable homicide of James Higgins, 43, at his home in Knapdale Street, Lambhill, in March 2004.

The victim was attacked after a masked gang smashed windows at his house.

He was stabbed, punched, kicked and beaten with baseball bats and pick-axe handles while his terrified family - including a three-year-old - were in the vandalised home.

Rooney, 44, of Erradale Street, Lambhill, and four others were originally charged with murdering Mr Higgins.

But after a trial at the High Court in Glasgow he and Michael Fairley, 44, of Balmore Road, Lambhill, were found guilty of the lesser charge of culpable homicide.

Judge Lord Dawson jailed the pair for nine years each in October 2004.

He told them: "Mr Higgins was dragged from his house and cruelly and savagely stabbed to death."

Rooney was acquitted of assaulting Mr Higgins' son Scott and attempting to murder him.

Scott, 21, said the attack came after he printed leaflets naming a relative of some of the gang as being convicted of indecently assaulting a young woman and posted them through letterboxes in the area.

Rooney's solicitor advocate John Carroll argued the guilty verdict for culpable homicide was "perverse" in the light of his acquittal for attacking the son.

He said there was evidence to show Rooney had been involved in violence with the son and thus prevented him going to the aid of his father.

Mr Carroll said that was the basis for the Crown case against Rooney on the killing charge.

He argued the charge of attacking the son was fundamental to the Crown case against Rooney in relation to the killing.

Lord Osborne, who gave the Appeal Court decision, said they were driven to conclude the verdict of the jury over the charges of attacking the father and son "lacks rationality".