THE GRIEVING family of a man who served nine years in jail for the murder of a taxi driver, despite evidence another man had boasted he was the real killer, has pledged to clear his name.

John McIntosh, who was 17 when he was convicted of ­stabbing to death 27-year-old Stephen McDermott in February 1992, was found dead at his home by his family on January 3.

Relatives are preparing to take his case to the Scottish ­Criminal Cases Review Commission in an attempt to get a post­humous pardon.

The Glasgow-based ­Miscarriages of Justice group has described his death as a scandal.

The former shipping container industry worker, who died aged 38, had told his family he "felt let down by the legal system" and repeated this to Twitter followers hours before he took his life.

Evidence that revealed co-accused Stephen Harkins had bragged about being the real murderer before and after the trial was deemed inadmissable by appeal judges in 1994.

By the time this was over­­­turned for an appeal six years later there were seven affidavits, including one from prison officer William Blake, saying that Mr Harkins had boasted about being the real murderer.

However, Mr McIntosh's family were stunned when appeal judge Lord Coulsfield accepted the evidence may have led a jury to accept Mr Harkins did claim on several occasions that he had committed the murder, but that it was not of such significance to show a miscarriage of justice had occurred.

Family members now say they will continue the fight, and have appealed to anyone who might have evidence to support their bid to come forward.

Mr McIntosh's mother Dorothy McKay, 58, who with her daughter Dorothy Ramsden, 41, found Mr McIntosh dead in his home, said: "I think it is terrible, absolutely disgusting what has happened to John. Why hasn't he been cleared as a result of (the affidavits)? It is nice to be able to speak in memory of John and we can only do all we can to clear his name.

"He was a mummy's boy. Me and John had a fantastic relationship; the love that was there. The years I had to start going to visit him in prison was the biggest shock to my system"

Mrs Ramsden said Mr ­McIntosh, who was known as McLay in court, would still be here "if the justice system had dealt with him fairly".

She added: "We had hoped when these affidavits came up, especially when there's a prison officer involved, that would lead to his name being cleared. When it was denied we couldn't understand it. We felt let down again by the legal system.

"For mum when John was convicted she lost her son then, and she has just lost him again. It was because he spent 20 years trying to clear his name and nobody was listening to him.

"At this point he hit a down and he's gone. We have to try to clear his name."

At the appeal Lord Coulsfield said Mr Harkins was regarded by other prisoners and by prison officers as "boastful, a nuisance and a person who was in the habit of indulging in bravado", and that whenever he did claim responsibility for the murder he did so on the basis that he would not acknowledge it officially.

Mr Harkins died on January 5, 1999, without ever having given a statement or an affidavit, two months after a ­hearing which allowed the ­previously barred evidence to go to a fresh appeal.

Court documents show that Greenock prison officer William Blake, who was described as a credible witness, refused to give an affidavit at first because Mr Harkins had lived in his area and he "did not want to make statements and get harmed". The sworn statement came after Mr Harkins died.

Other evidence was provided by two convicted murderers, a man serving ten years for culpable homicide, another serving life for two murder attempts and a robber serving eight years.

Paul McLaughlin, co-project manager for The Miscarriages of Justice Organisation said: "There are people who need to look at their consciences.

"We would ask that anyone who has any evidence or who can support the case going forward to come forward and make themselves known."