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Barry George loses legal fight for Jill Dando compensation | Barry George loses legal fight for Jill Dando compensation |
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Barry George, who spent eight years in prison after being wrongly convicted of the murder of TV presenter Jill Dando, has lost his legal battle for compensation as a victim of a "miscarriage of justice". | Barry George, who spent eight years in prison after being wrongly convicted of the murder of TV presenter Jill Dando, has lost his legal battle for compensation as a victim of a "miscarriage of justice". |
The latest legal move at the court of appeal followed the dismissal of his claim by two high court judges in January. | The latest legal move at the court of appeal followed the dismissal of his claim by two high court judges in January. |
Lord Justice Beatson and Mr Justice Irwin had rejected his claim that the justice secretary unfairly and unlawfully decided he was "not innocent enough to be compensated". | Lord Justice Beatson and Mr Justice Irwin had rejected his claim that the justice secretary unfairly and unlawfully decided he was "not innocent enough to be compensated". |
They ruled that the secretary of state was "entirely justified in the conclusion he reached". | They ruled that the secretary of state was "entirely justified in the conclusion he reached". |
On Tuesday, Lord Justice Richards, sitting at the court of appeal in London, rejected an application by George for permission to challenge the January decision. | On Tuesday, Lord Justice Richards, sitting at the court of appeal in London, rejected an application by George for permission to challenge the January decision. |
He announced that the 53-year-old, who was present in court for the ruling, had "no realistic prospects" of success on appeal. | He announced that the 53-year-old, who was present in court for the ruling, had "no realistic prospects" of success on appeal. |
George went to the high court seeking a reconsideration of his case that could have opened the way for him to claim an award of up to £500,000 for lost earnings and wrongful imprisonment. | George went to the high court seeking a reconsideration of his case that could have opened the way for him to claim an award of up to £500,000 for lost earnings and wrongful imprisonment. |
It was argued on his behalf that the decision to refuse compensation was "defective and contrary to natural justice". | It was argued on his behalf that the decision to refuse compensation was "defective and contrary to natural justice". |
But Lord Justice Beatson and Mr Justice Irwin ruled that he had "failed the legal test" to receive an award. | But Lord Justice Beatson and Mr Justice Irwin ruled that he had "failed the legal test" to receive an award. |
Dando was shot dead outside her home in Fulham, west London, in April 1999. After his conviction in July 2001, George, of Fulham, was acquitted of killing the 37-year-old BBC presenter at a retrial in August 2008. | Dando was shot dead outside her home in Fulham, west London, in April 1999. After his conviction in July 2001, George, of Fulham, was acquitted of killing the 37-year-old BBC presenter at a retrial in August 2008. |
After Tuesday's ruling, George's sister Michelle Diskin said outside the Royal Courts of Justice that the court of appeal decision was a "travesty of justice". | After Tuesday's ruling, George's sister Michelle Diskin said outside the Royal Courts of Justice that the court of appeal decision was a "travesty of justice". |
With her brother standing by her side, she told reporters: "There never was any viable evidence against Barry. This whole case from April 2000 until today has been a smoke and mirrors exercise designed to placate a worried public, and give the impression that justice had been done. | With her brother standing by her side, she told reporters: "There never was any viable evidence against Barry. This whole case from April 2000 until today has been a smoke and mirrors exercise designed to placate a worried public, and give the impression that justice had been done. |
"Well, neither the Dando family, nor our family, has seen any justice in the past 13 years." | "Well, neither the Dando family, nor our family, has seen any justice in the past 13 years." |
Diskin said they had to decide what to do next, but would not let things go unchallenged. | Diskin said they had to decide what to do next, but would not let things go unchallenged. |
"Serving eight years in prison for someone else's crime is not acceptable," she said. "Everything was taken from this man when the police started what we believe to be a malicious prosecution. | "Serving eight years in prison for someone else's crime is not acceptable," she said. "Everything was taken from this man when the police started what we believe to be a malicious prosecution. |
"He lost his home, his furniture, his clothing and all of his possessions, his place within his community and his church family." | "He lost his home, his furniture, his clothing and all of his possessions, his place within his community and his church family." |
She continued: "How did this unjust legal system expect him to start his life over? He can never get back everything that was taken from him. | She continued: "How did this unjust legal system expect him to start his life over? He can never get back everything that was taken from him. |
"He has had to rely on his pensioner mother, now deceased, on me, and on the Miscarriages of Justice Support Services, who help those poor, wrongly convicted souls to move back into society. This government-appointed body recognised that Barry is a miscarriage of justice. They do not work with offenders." | "He has had to rely on his pensioner mother, now deceased, on me, and on the Miscarriages of Justice Support Services, who help those poor, wrongly convicted souls to move back into society. This government-appointed body recognised that Barry is a miscarriage of justice. They do not work with offenders." |
Diskin said: "Barry is innocent. He deserves a financial settlement to compensate for all that was taken from him – everything he owned and eight years of his life." | Diskin said: "Barry is innocent. He deserves a financial settlement to compensate for all that was taken from him – everything he owned and eight years of his life." |
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