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Barry George - Conviction Quashed

#1
Apologies if posted eleswhere.

Barry George, sentenced to life imprisonment for the murder of Jill Dando, convicted on the strenght of a microscopic piece of Gun residue wins his second appeal on 15 November 2007 at the Court of Appeal who rule the conviction unsafe and quash it.

You can read the judgement for yourself

R v George [2007] EWCA Crim 2722

This is his failed earlier appeal at the Court of Appeal who upheld the conviction on 29 July 2002:

R v George [2002] EWCA Crim 1923
 
#3
Oops, oh well, at least you can read the judgements for yourself rather than the interpretation of the judgements given by the media.

I will have to pay more attention in the future.

Many thanks bovvy
 
#6
John_Charity_Spring said:
He's counting his future compensation and planning to spend it at Stirling Airsoft with his fellow inadequates, fantasists and undesirables.
That is probably true but it doesn't mean he was/is guilty of Dando's murder. 8)
 
#7
John_Charity_Spring said:
He's counting his future compensation and planning to spend it at Stirling Airsoft with his fellow inadequates, fantasists and undesirables.

And? so what?

Whats changed since you wrote this, exactly one week ago?


No witnesses.
No murder weapon.
No connection to the deceased.
No motive that is not speculation or conjecture.
No compelling forensic evidence.
No confession or self-incriminating statements.


Plus the guy is little more than a village idiot and super mong fantasist and all round weirdo who probably couldn't obtain a real gun and would be too disorganised to plan and carry out a sucessful killing. If he hasn't got an alibi it might be that he genuinely can't remember where he was that day - or most days.

The victim was in the public eye through Crimewatch and had reputedly offended some rather unpleasent Serbian gentlemen.

Then there are all the other possible reasons that could get a person killed....everything from mistaken identity to random thrill seeking to some guy she broke up with ten years ago or a nutter with a very sick sense of humour who thought it was funny to whack a Crimewatch presenter. Anything is possible.

I would be curious to know if anybody brought any 'extra' pressure on OB to get this case closed quickly. You couldn't find a better fall guy than Barry George if you went out and looked for one............



Your words not mine........



Any compenastion he may get after a retrial the poor cnut deserves.

If the only criteria for getting banged up is a walt personality and a fascination for guns then there must be a few members of this site cacking themselves

Osta
 
#8
Well said Osta, a refressing articulation of human compassion completely absent on the part of the state who would deduct his food and accommodation charges from the totality of any compensation Mr George might otherwise receive.

I see no realistic chance of a guilty verdict on retrial.
 

Biped

LE
Book Reviewer
#9
Good stuff. If the fuzz is going to get a conviction, they need to work harder before they bring it to trial.

A life sentence for murder should not hang on so little evidence.
 
#10
The Police will not, on the retrial, be able to use any additional prosecution evidence not produced at the original trial. The only evidence against George at the original trial was circumstantial and the forensic expert misled the jury over the significance of a microscopic piece of FDR. The Home Office forensic evidence led the jury to belive that the residue came from the murder weapon when that was manifestly unproved. The Court of Appeal were unable to determine what, if any weight the jury attached to that evidence.

These two factors, the weight given to the FDR evidence by the jury, together with the circumstantial evidence, warrants a retrial.
 
#11
Biped said:
Good stuff. If the fuzz is going to get a conviction, they need to work harder before they bring it to trial.

A life sentence for murder should not hang on so little evidence.


But equally a not guilty verdict should not be returned on a technicality. I don't know whether he was guilty or not, nor does anyone else on this site, but a verdict should be reached on the strength of all the evidence which the jury hear .
 

Biped

LE
Book Reviewer
#12
craftsmanx said:
Biped said:
Good stuff. If the fuzz is going to get a conviction, they need to work harder before they bring it to trial.

A life sentence for murder should not hang on so little evidence.


But equally a not guilty verdict should not be returned on a technicality. I don't know whether he was guilty or not, nor does anyone else on this site, but a verdict should be reached on the strength of all the evidence which the jury hear .
Agreed. Technicalities get people off who are quite clearly drowning under the weight of evidence against them. It needs to be weighed up by the court and CPS.

I refer you to Iolis above, and the tiny bit of evidence with manifestly unproven origin. This should not be considered sufficient to bring a case to court, and the CPS should have stopped this from the outset.
 
#13
When there is a failure to convict, the prosecution will always assert the existence of a 'technicality'. That term: 'technicality' is used as a deliberate understatement of an unpleasant truth for the prosecution; that the legal burden on the prosecution to discharge a burden of proof to a standard of beyond that of a reasonable doubt has failed. That is why they choose to label their failure, a mere 'technicality'!

It fools no-one!

I would agree that the totality of the evidence should be heard but the evidence must be sufficient to prove the prosecution's case to the required standard. A microscopic piece of residue found on a 'gun nut' leaves nothing but circumstantial evidence to consider and a life sentence on circumstantial evidence alone can hardly be said to be discharging the legal burden the prosecution must discharge.
 
#15
Quashed? Er No.

He remains guilty (and in jail), but will be retried. If he is then found not guilty the original guilty finding will be quashed.
 
#16
Iolis - is it really possible that he can receive a fair trial now though? surely after having been pasted all over everywhere as the killer for the past seven years, with widespread knowledge of the existence of Firearms residue evidence and other stuff like the gangster threats pasted all over the papers for years, theres a fairly good chance that no jury could be able to reach a "virgin" verdict?

are we likley to see him released on the quiet with the CPS dropping the retrial?
 
#17
Chimera wrote:

Quashed? Er No.

He remains guilty (and in jail), but will be retried. If he is then found not guilty the original guilty finding will be quashed
The conviction was quashed. See paragraph 54 of the judgement of the Court of Appeal. He is innocent, on remaind awaiting trial.
 
#18
labrat said:
Iolis - is it really possible that he can receive a fair trial now though? surely after having been pasted all over everywhere as the killer for the past seven years, with widespread knowledge of the existence of Firearms residue evidence and other stuff like the gangster threats pasted all over the papers for years, theres a fairly good chance that no jury could be able to reach a "virgin" verdict?

are we likley to see him released on the quiet with the CPS dropping the retrial?
I do not think the CPS would drop the case. Certainly it would be impossible to select a member of the jury who had not heard the issues surrounding the case and the judge would warn any jury to put anything they heard out of their minds just as judges do in any high-profile case which has received any attending pre-trial publicity.

If I were his advocate, I would be arguing on the voire dire for 'no case to answer', arguing that since there exists no link between the residue and the murder weapon and that circumstantial evidence alone is insufficient to secure a conviction that the judge should withdraw the case from the jury.

I suppose we will have to wait and see what happens.
 
#19
I was in London on the day he was convicted, and I said then that he was wrongly convicted - should we really allow a conviction that leads to a mandatory life sentence on a 10 - 2 majority?

As an aside - can't remember if it was the Guildford 4 or B'ham 6, but one lot were deducted food and lodgings from their compensation!
 

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