Jury in Dando case 'was misled over residue evidence'

The jury that convicted Barry George of murdering TV presenter Jill Dando was misled by a microscopic speck of gunfire residue of “zero” importance, three appeal judges were told today.

George, now 47, was in the dock of the London courtroom to hear argument on his behalf that too much weight was placed during his 2001 Old Bailey trial on the significance of the finding of a single particle on his coat following his arrest.

The Lord Chief Justice, Lord Phillips, Lord Justice Leveson and Mr Justice Simon, are being asked to rule that George’s conviction is “unsafe” in the light of fresh scientific evidence.

His QC, William Clegg, told the Court of Appeal that new expert evidence relating to the finding of the speck of firearm discharge residue (FDR) – which cannot be seen with the naked eye and was “one two thousandth of an inch in size” – was that it was “inconclusive” and could offer no assistance to a jury in assessing guilt.

Mr Clegg told the packed court, where George’s sister Michelle Diskin sat watching proceedings: “Although there was clearly other important evidence in addition to the FDR the effect of neutralising the FDR evidence must be to render the conviction unsafe.”

It is George’s second appeal over a jury’s verdict that he shot the 37-year-old BBC News, Crimewatch and Holiday presenter on the steps of her home in Fulham, south-west London, in April 1999.

George, wearing a blue shirt and dark jacket, spoke only to answer to his name as he was brought into court at the start of the estimated three-day hearing.

He was sentenced to life in July 2001 after being found guilty by a majority of 10 to one and his first challenge to his conviction was rejected by the Court of Appeal in July 2002.

The latest conviction challenge follows a decision by the Criminal Cases Review Commission (CCRC), an independent body which investigates possible miscarriages of justice, to refer George’s case back to the Court of Appeal after a “thorough and intensive review”.

The prosecution claimed at trial that the residue linked him to the shooting, but his defence team said the particle was completely unreliable as evidence.

George, who lived about half a mile from Miss Dando’s home in Gowan Avenue, has always denied being her murderer.

Mr Clegg submitted that the weight of the firearm discharge residue evidence was “zero or neutral”, and no evidential weight could be attached to it - especially since the particle was not found until 12 months after the shooting.

The trial court was misled, said Mr Clegg.

“The judge directed the jury that FDR was capable of providing supporting evidence when clearly it could not do so,” he submitted.

The judges heard that the Crown will argue that the conviction remains safe, even if they conclude that the firearm evidence misled the jury “as to the significance that can be placed upon the finding of the particle and if the summing up also misled as to the weight that could properly be attached to this evidence”.

Mr Clegg said the case against George could never be described as a strong one, adding: “The appellant would submit that the Crown would have considerable difficulty in establishing a prima facia case without the FDR evidence and although the appellant does not oppose an application for a retrial that is not to be taken as a concession that a prima facia case exists.”

The hearing was adjourned until 2pm tomorrow.