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

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On 3 November 2007 Duncan Campbell of The Guardian reported “Scotland Yard vows to fight Dando murder appeal”

George supporters say firearms evidence flimsy. Case unlikely to be reopened by police.

Police and prosecutors said yesterday they would fiercely contest the latest attempt to overturn the conviction of the man found guilty of killing television presenter Jill Dando. The team may even call new witnesses to the appeal next week. Detectives say that if Barry George, 47, is cleared on appeal it is unlikely the investigation would be reopened. However, supporters of George, encouraged by two new documentaries casting serious doubt on his conviction, say they are confident that a retrial, at least, will be granted. On Monday, the court of appeal will become the battleground for George. It follows a five-year inquiry by the Criminal Cases Review Commission (CCRC). A previous appeal was turned down in 2002.

George's supporters claim that his conviction is a serious miscarriage of justice as it was based on flimsy evidence, most controversially a single speck of firearms residue found on a piece of his clothing. William Clegg QC will argue that George should have his conviction quashed. "The strongest likelihood if the appeal is successful is a retrial," said Jeremy Moore, George's solicitor. He had just seen George in Belmarsh prison, where he is being held, and said that he was "OK". He said that three forensics experts would be called to challenge the firearms evidence produced in the original Old Bailey trial in 2001. The court will be told the explosives evidence is unreliable as it could have reached George's pocket via a firearms officer searching his home.

The Crown Prosecution Service will argue that there were other sufficient strands to their case to convict George. The police are also convinced they have got their man. They believe that identification evidence, in which two witnesses put George near the scene of the crime, his apparent attempt to create an alibi for himself at a disability centre and his fixation with celebrities all played a part in his conviction. The jury were not told of his previous conviction for attempted rape.

George was convicted of the murder in April 1999 by a majority verdict, but his family and a growing number of campaigners have protested his innocence. Two members of the jury have stated that they had doubts about his guilt. Janet Herbert told Panorama last week: "I feel that maybe someone was found guilty who perhaps isn't guilty." The jury's foreman said: "If the trial was to go ahead now, the verdict would be very different."

A second documentary, on Channel 4 on Sunday, is also expected to look at the Forensic Science Service's guidance on single speck ballistic evidence. The guidance, which suggests that such evidence is of no value, formed the basis of the CCRC's decision to refer the case to the court of appeal. But Detective Chief Superintendent Hamish Campbell, who led the investigation, said in a document submitted to the CCRC: "Neither I nor any other member of the Metropolitan police service conducted a search of Barry George's property with firearms officers."

The appeal court judges will have to decide on whether to quash the conviction, order a retrial or dismiss the appeal.

Source: 3 November 2007 Duncan Campbell The Guardian “Scotland Yard vows to fight Dando murder appeal”

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