Cautious hope for release of man jailed for Dando killing

THE Irish relatives of the man jailed for the murder of British television presenter Jill Dando have expressed cautious hope that he will be freed on appeal next week.

Barry George, 47, has been in prison for seven years since his arrest and subsequent conviction in controversial circumstances for shooting Ms Dando, 37, outside her London home in April 1999.

He has always protested his innocence and the Court of Appeal in Britain is to begin hearing a challenge to his conviction on Monday.

George’s mother is from Limerick and her brother, George’s uncle Michael Bourke, who still lives there, is travelling to London for the appeal along with George’s sister, Michelle Diskin, who is married and settled in Ballincollig, Co Cork.

“I would be cautiously hopeful,” said Mr Bourke. “I would not get my hopes up too high because we have been disappointed before but I think there are grounds for hope.”

A previous appeal was rejected but the second challenge comes on foot of an investigation by the influential Criminal Cases Review Commission , which concluded the conviction was unsafe.

Only a fraction of the cases submitted to the commission are ultimately deemed eligible for appeal but two-thirds of those sent forward for appeal are successful. So to get to this stage is considered a major breakthrough.

One of the major planks of the appeal is the contention that the original trial court placed too much weight on the only piece of forensic evidence presented by the prosecution — a trace of firearms residue found on George’s coat a year after Ms Dando’s death.

Critics argue there could have been many explanations for the find, including the fact that police officers who raided George’s home and seized his property had handled guns. It is also suggested the residue came from fireworks or other innocent sources.

The Forensic Science Service, the main supplier of forensic services to the English and Welsh police, last year revised its policy on firearms residue, stating that a single particle should no longer be considered as having any evidential value in prosecutions.

Two of the 11 jurors who convicted George on a ten-to-one majority told BBC’s Panorama programme this week they had been influenced by the firearms residue and that the verdict would have been different without it.

Jury member Janet Herbert told the programme: “I think it was the strongest piece of evidence the police had against Mr George. It came over that this was definitely the particle that came from the gun that killed Miss Dando and the particle was in his coat.”

The foreman of the jury, who was filmed anonymously, said: “I think it was one of the foundations of the prosecution case. I think without that the prosecution case would have failed... it was put across at the trial that it linked him to the crime.”

The Panorama programme also uncovered information that the forensics expert who presented the case for the residue in the original trial subsequently told a colleague that a single particle of residue carried “zero” evidential weight.

Mr Bourke said the programme was encouraging. “I think the fact that the BBC themselves seem to be kind of supportive, I think that’s significant.” The Panorama programme was the latest in a series of documentaries casting doubt on the case against George. Channel 4’s Cutting Edge programme will also revisit the subject this Sunday night at 9pm.

George, who is registered as disabled, suffers a form of epilepsy that makes it difficult for him to concentrate and communicate. He lived in the same neighbourhood as Ms Dando, presenter of shows like Crimewatch and Holiday, and was spotted by a witness in the vicinity of her home four-and-a-half hours before she was attacked.

There were no witnesses to the shooting, however, and no evidence to place George at the scene. His past history worked against him as he was considered an oddball who fantasised about celebrities and assumed the names of actors and singers.

He also had a keen interest in guns although there was no evidence that he had ever possessed or used one. He had a previous conviction for a sex assault but a psychologist gave evidence to the original trial that George was far too mentally disorganised and unfocused to have arranged and carried out the meticulously planned murder of Ms Dando.

Former Metropolitan Police commander John O’Connor, who has examined the case, has also spoken in defence of George. He believes the gun and bullets used to kill Ms Dando had been modified by a professional hitman to ensure a cleaner kill. “That is military/terrorist in style. I know Barry George is incapable of doing this,” he has said.

The campaign to free George has attracted massive public interest in Britain, where Ms Dando enjoyed enormous popularity, and Mr Bourke said the attention was intimidating at times. “I am slightly concerned about all the publicity next week. There were so many people there [at the court] the last time — so much press and supporters and others — and it was quite stressful. I don’t know if Barry’s mother will be able to come because she would find that very hard.

“I just hope that everyone will behave calmly and let the judges do their work so they will be able to give us a fair hearing. That’s my hope — that we get a fair appeal this time. After that, we just have to wait,” he said.

Three judges will jointly hear the appeal over three days and while they may return with a ruling almost immediately, they are likely to take at least a few days to deliberate before reaching a decision.