This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-21195269
The article has changed 9 times. There is an RSS feed of changes available.
| Version 3 | Version 4 |
|---|---|
| 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. |
| 'Flawed' decision | 'Flawed' decision |
| It followed a landmark decision by the Supreme Court in May 2011 which redefined the legal meaning of what amounted to a miscarriage of justice. | |
| Innocent until proven guilty, right? Not when it comes to compensation claims for people whose convictions have been quashed - the government sets a very high bar. | |
| In essence, the wrongfully convicted have to show there's no existing evidence on which they could be found guilty - that they are "clearly innocent". Unless all the key evidence in the case has been demolished at their appeal they're unlikely to succeed. | |
| Those who have had a retrial, after their conviction was overturned, will also probably lose out. The grounds were widened a little by the Supreme Court in May 2011, which gave renewed hope to Barry George that his damages claim might succeed. | |
| But the High Court's decision has closed the door - unless the Supreme Court justices can be persuaded to reconsider the issues. | |
| Previously, compensation was only awarded for a miscarriage of justice if a claimant could effectively prove they were innocent. | |
| But the nine Supreme Court judges widened this by saying that if a person could prove that no set of circumstances could possibly lead to their conviction by a jury, they could get compensation. | |
| 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." |
| 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. |
| Unsafe conviction | |
| 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. |
| 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. |