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George wins Dando murder retrial | George wins Dando murder retrial |
(10 minutes later) | |
Barry George has won his appeal against his conviction for the murder of BBC TV presenter Jill Dando in 1999. | Barry George has won his appeal against his conviction for the murder of BBC TV presenter Jill Dando in 1999. |
The Court of Appeal decided the jury's guilty verdict six years ago was unsafe, and has ordered a retrial. | The Court of Appeal decided the jury's guilty verdict six years ago was unsafe, and has ordered a retrial. |
George, 47, was sentenced to life for the shooting of Miss Dando, 37, outside her home in Fulham, west London, but he has always denied his involvement. | George, 47, was sentenced to life for the shooting of Miss Dando, 37, outside her home in Fulham, west London, but he has always denied his involvement. |
His lawyer argued the conviction was unsafe because of doubts over gunshot discharge residue evidence. | His lawyer argued the conviction was unsafe because of doubts over gunshot discharge residue evidence. |
I am disappointed, particularly for those of us who have suffered the tragedy of losing a loved one prematurely Alan FarthingJill Dando's former fiance Profile: Jill Dando | I am disappointed, particularly for those of us who have suffered the tragedy of losing a loved one prematurely Alan FarthingJill Dando's former fiance Profile: Jill Dando |
George, dressed in a suit and dark blue shirt, appeared in the dock of the London court as the Lord Chief Justice, Lord Phillips, and two other senior judges allowed the appeal and informed him he would face a retrial. | George, dressed in a suit and dark blue shirt, appeared in the dock of the London court as the Lord Chief Justice, Lord Phillips, and two other senior judges allowed the appeal and informed him he would face a retrial. |
There was no application for bail and George is to be remanded in custody. He will be rearraigned on the murder charge within the next two months. | There was no application for bail and George is to be remanded in custody. He will be rearraigned on the murder charge within the next two months. |
George's solicitor, Jeremy Moore, said his client was pleased with the result. | George's solicitor, Jeremy Moore, said his client was pleased with the result. |
He added: "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." | He added: "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." |
But Alan Farthing, Miss Dando's fiance at the time of her murder, said: "I am disappointed, particularly for those of us who have suffered the tragedy of losing a loved one prematurely." | But Alan Farthing, Miss Dando's fiance at the time of her murder, said: "I am disappointed, particularly for those of us who have suffered the tragedy of losing a loved one prematurely." |
George was sentenced in July 2001 to life imprisonment after an Old Bailey jury found him guilty by a majority of 10 to one. | George was sentenced in July 2001 to life imprisonment after an Old Bailey jury found him guilty by a majority of 10 to one. |
Weight of evidence | Weight of evidence |
This latest hearing centred on the significance of a microscopic speck of firearm discharge found in George's coat following his arrest more than 12 months after the shooting. | This latest hearing centred on the significance of a microscopic speck of firearm discharge found in George's coat following his arrest more than 12 months after the shooting. |
William Clegg QC, for George, argued the firearm evidence carried "zero or neutral evidential weight" and if it was admitted again before a jury, it should have the proper weight attached. | William Clegg QC, for George, argued the firearm evidence carried "zero or neutral evidential weight" and if it was admitted again before a jury, it should have the proper weight attached. |
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 Lord Phillips | |
However, Orlando Pownall QC, for the prosecution, told the court that new firearms evidence did not render George's conviction "unsafe" and that it was just one element in a "compelling circumstantial case". | However, Orlando Pownall QC, for the prosecution, told the court that new firearms evidence did not render George's conviction "unsafe" and that it was just one element in a "compelling circumstantial case". |
Summing up the court's decision, Lord Phillips said evidence from the Forensic Science Service had shown that it was not right to conclude that the firearm discharge was likely to have come from a gun fired by George. | |
"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," he said. | |
"The Court of Appeal concluded that, 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." | |
The appeal proceedings began after the Criminal Cases Review Commission (CCRC), which studies potential miscarriages of justice, referred the case to the Court of Appeal. | The appeal proceedings began after the Criminal Cases Review Commission (CCRC), which studies potential miscarriages of justice, referred the case to the Court of Appeal. |
The three-day hearing was George's second legal challenge over the Old Bailey verdict. | The three-day hearing was George's second legal challenge over the Old Bailey verdict. |
He lost his first appeal a year after his conviction. | He lost his first appeal a year after his conviction. |