Man jailed for 1988 murder of Scott Johnson has conviction set aside
A man behind bars for murdering a mathematician found at the bottom of cliffs in Sydney in 1988 will likely face trial after a court allowed him to reverse a surprise guilty plea.
Scott Phillip White had long denied murdering Scott Johnson, only to say "guilty, I am guilty" during a pre-trial hearing in January.
He later told his confused lawyers "I didn't do it but I'm saying I'm doing it ... it's the only way, she's going to come after me" - suggesting his former wife would attack him.
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Scott Johnson was murdered in Sydney in 1988. Supplied
White also pointed to stress including seeing the victim's brother Steve Johnson and police in court.
The NSW Court of Criminal Appeal on Friday found the Supreme Court judge had erred for legal reasons in refusing to allow White to withdraw the plea.
The primary judge used a "miscarriage of justice" test when the "interest of justice" test, which is broader, was appropriate, the appeal court ruled.
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Scott White had been jailed for at least eight years for the murder of gay mathematician Scott Johnson. 9News
His conviction and subsequent jail term was set aside.
The matter was remitted to the Supreme Court arraignment list on December 1 for plea and possible trial directions.
His guilty plea - and whether it was in the interests of justice to permit him to reverse it - was the subject of the two-day hearing in the NSW Court of Criminal Appeal in October.
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