Networked Knowledge - Media Report

[This edited version of the report has been prepared by Dr Robert N Moles]

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On 15 November 2007 Duncan Campbell of the Guardian Unlimited reported “George granted retrial in Dando murder case”.

He said the man convicted of killing television presenter Jill Dando had his conviction quashed today and will face a retrial next year. The court of appeal concluded that, in light of fresh scientific evidence about firearms residue, there was "no certainty" that the jury would have convicted Barry George at his original trial. George, now 47, was in court when the Lord Chief Justice, Lord Phillips, announced the appeal court's decision but he made no reaction. His legal team is now considering whether to apply for bail as the trial is unlikely to take place before the end of next summer. "We are very pleased with the outcome," said George's solicitor Jeremy Moore. "This is only the latest hurdle in what has been a very long road and we now look forward very much to preparing for the trial. Barry is also very pleased as well."

George, who suffers from learning difficulties and had a psychologist beside him in the dock to explain what was happening, was remanded in custody. He smiled at his sister, Michelle Diskin, as he was led out of the dock. Speaking outside the court, Diskin said: "I just want to say thank you to the judges in there. They were very fair and they really did look at the evidence. "This is just one step along the way. We do not have Barry. He has not got his freedom yet and it has been an absolute nightmare journey so far. I would still implore anybody in the public who has information about the real killer," she said.

Phillips, who sat with Lord Justice Leveson and Mr Justice Simon, said the prosecution had relied on four categories of evidence at the original trial in 2001. One category had been identification evidence, which placed George near the scene on two occasions on the day of the murder; the second ground was "repeated lies" told by George in interview; the third category was an alleged attempt to create a false alibi; and the fourth was a tiny particle of firearms discharge residue (FDR) found about a year after the murder in his overcoat. Last week, the appeal court heard from expert witnesses from the Forensic Science Service that "it was, in fact, no more likely that the particle had come from a gun fired by Barry George than that it had come from some other source".

Today, the lord chief justice told a packed court: "If this evidence had been given to the jury at the trial, there is no certainty that they would have found Barry George guilty. For this reason his conviction had to be quashed." Orlando Pownall, QC, for the crown told the court that they would seek a retrial. William Clegg QC, for George, asked the court to issue instructions to the media on the future coverage of the case. At the appeal, the lord chief justice said correspondence about the case had been sent to him and his fellow judges which was inappropriate. He also said the court would consider the "propriety" of recent television programmes about the case, one of which carried out interviews with two jurors from George's original trial.

Today, Clegg said a letter sent to the judges before the appeal which "contained a number of material inaccuracies" had also been published in a national newspaper. "There should be no further repetition of the details of the case," said Clegg. He said that much of the coverage leading up to the appeal had been "inaccurate". The lord chief justice said that he would emphasise to the media their potential liabilities under the contempt of court rules which now come into force and will remain active until the conclusion of the retrial.

Dando, the co-presenter of BBC1's Crimewatch UK programme, was shot dead on the doorstep of her Fulham home in April 1999. George, who lived near her home, was arrested for her murder a year later and convicted and jailed for life at the Old Bailey in 2001. His first appeal, in 2002, was unsuccessful but the case was re-examined by the Criminal Cases Review Commission (CCRC) and a second appeal was granted. The court of appeal was told last week by Clegg that the jury was given the impression that the particle of FDR was "crucial" to the case whereas they should have been told that it was "neutral" or "inconclusive".

At the appeal, Pownall argued that the particle evidence was only one part of a "compelling" prosecution case against George and it had been challenged heavily at the original trial. Dando was engaged and was due to marry when she was killed with a single shot to the head. A neighbour found her dying outside her front door but there were no witnesses to the actual shooting. Dando's fiancee at the time of the murder, Alan Farthing, said: "I am disappointed, particularly for those of us who have suffered the tragedy of losing a loved one prematurely." "We all cope in our various ways and have had to move on with our lives. Therefore, I have great sympathy for those who will now have to take emotional steps back in time to recall again, in detail, their involvement in this tragic case."

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