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Barry George loses compensation case | Barry George loses compensation case |
(35 minutes later) | |
Barry George, wrongly convicted of the murder of BBC TV presenter Jill Dando, has lost a bid for compensation. | Barry George, wrongly convicted of the murder of BBC TV presenter Jill Dando, has lost a bid for compensation. |
Two High Court judges ruled he failed to meet the test which would entitle him to compensation. | Two High Court judges ruled he failed to meet the test which would entitle him to compensation. |
Three other people whose convictions had been quashed also failed to win compensation. | Three other people whose convictions had been quashed also failed to win compensation. |
But Ian Lawless, jailed for eight years for murder before being freed by the Court of Appeal in 2009, was successful and will have his case reconsidered. | But Ian Lawless, jailed for eight years for murder before being freed by the Court of Appeal in 2009, was successful and will have his case reconsidered. |
Mr George, 52, who spent eight years in prison before being cleared after a retrial, was one of five test cases to decide who was now entitled to payments. | Mr George, 52, who spent eight years in prison before being cleared after a retrial, was one of five test cases to decide who was now entitled to payments. |
It followed a landmark decision by the Supreme Court in May 2011. | It followed a landmark decision by the Supreme Court in May 2011. |
The judgement redefined the legal meaning of what amounted to a miscarriage of justice after debating when compensation should be awarded to wrongly convicted people. | |
'Flawed' decision | 'Flawed' decision |
Mr George's case hung on their definition, which was whether a reasonable jury, given the evidence, would not convict him - which is not the same same as proving that he was innocent. | |
At the High Court, judges Lord Justice Beatson and Mr Justice Irwin ruled that Mr George and three others had failed this test. | At the High Court, judges Lord Justice Beatson and Mr Justice Irwin ruled that Mr George and three others had failed this test. |
They said: "There was indeed a case upon which a reasonable jury properly directed could have convicted the claimant of murder." | They said: "There was indeed a case upon which a reasonable jury properly directed could have convicted the claimant of murder." |
Therefore they said he did not meet the test that would entitle him to compensation. | |
Mr George's lawyers had argued the justice secretary's decision to deny him damages of a maximum of £500,000 was "flawed" and "contrary to natural justice". | Mr George's lawyers had argued the justice secretary's decision to deny him damages of a maximum of £500,000 was "flawed" and "contrary to natural justice". |
They indicated they would seek to appeal to the Supreme Court - a so-called "leapfrog" appeal. | They indicated they would seek to appeal to the Supreme Court - a so-called "leapfrog" appeal. |
Nicholas Baird, said Mr George and his family were "terribly disappointed" and wanted to "reflect" on the judgment before making any comment. | Nicholas Baird, said Mr George and his family were "terribly disappointed" and wanted to "reflect" on the judgment before making any comment. |
Miss Dando, 37, was shot dead on her doorstep in Fulham, west London, in April 1999. | Miss Dando, 37, was shot dead on her doorstep in Fulham, west London, in April 1999. |
Mr George was convicted in 2001 but an Old Bailey retrial took place in 2008 after doubt was cast on the reliability of gunshot residue evidence. | Mr George was convicted in 2001 but an Old Bailey retrial took place in 2008 after doubt was cast on the reliability of gunshot residue evidence. |
Unsafe conviction | Unsafe conviction |
Mr Lawless was jailed for life in 2002 after confessing to the murder of retired sea captain Alf Wilkins on the Yarborough estate in Grimsby, Lincolnshire. | Mr Lawless was jailed for life in 2002 after confessing to the murder of retired sea captain Alf Wilkins on the Yarborough estate in Grimsby, Lincolnshire. |
His trial heard he had made various "confessions" to third parties, including regulars in a pub and a taxi driver. | His trial heard he had made various "confessions" to third parties, including regulars in a pub and a taxi driver. |
But in 2009, his conviction was ruled unsafe after fresh medical evidence revealed he had a "pathological need for attention". | But in 2009, his conviction was ruled unsafe after fresh medical evidence revealed he had a "pathological need for attention". |
The High Court judges ruled that in his case the decision to refuse compensation was legally flawed and must be reconsidered in the light of their judgement. | The High Court judges ruled that in his case the decision to refuse compensation was legally flawed and must be reconsidered in the light of their judgement. |