Barry George, Man Wrongly Convicted Of Jill Dando's Murder, Fighting Compensation Test Case

Barry George Fights Test Case For Compensation

Barry George, who spent eight years in prison after being wrongly convicted of the murder of TV presenter Jill Dando, is fighting a test case for compensation on Wednesday.

Mr George, 52, who was cleared after a retrial in 2008, is one of five lead cases being heard by two judges at the High Court in London.

The five will test the law on who is now entitled to payments in "miscarriages of justice" cases following a landmark decision by the Supreme Court in May 2011.

Mr George's claim for damages for lost earnings and wrongful imprisonment was rejected by the Ministry of Justice on the grounds that he was not legally entitled to compensation.

Today's proceedings follow the Supreme Court's redefinition of the legal meaning of what constitutes a "miscarriage of justice" after debating when compensation should be paid to people wrongly convicted of crime.

Miss Dando was shot dead outside her home in Fulham, west London, in April 1999.

After his conviction in 2001, Mr George was acquitted of killing the 37-year-old BBC presenter at the 2008 retrial.

The case was referred to by one of the panel of nine Supreme Court justices who gave the landmark miscarriage of justice ruling.

Lord Hope described how a particle of "firearms discharge" matching particles found in the cartridge case of the bullet which killed Miss Dando had been found in a pocket of a coat worn by Mr George.

Evidence about the "firearms discharge" particle and its significance were called into question following a review and Mr George's conviction was quashed by the Court of Appeal in 2007 and the retrial ordered.

When found not guilty in 2008, the Crown Prosecution Service said he "had the right to be regarded as innocent".

In the Supreme Court ruling, the then president Lord Phillips said that the "mere quashing" of a conviction could not be a "trigger for compensation".

He said a "miscarriage of justice" occurred when a new fact "so undermined" prosecution evidence that no conviction could "possibly be based upon it".

The new "test" would not guarantee that all those entitled to compensation were "in fact innocent".

But it would ensure that when innocent defendants were convicted on discredited evidence they were not "precluded" from obtaining compensation because they could not prove their innocence beyond reasonable doubt.

The Supreme Court ruling involved appeals by three men who said they were wrongly refused compensation after their murder convictions were overturned.

In a majority decision of five to four, justices ruled in favour of Raymond McCartney and Eamonn MacDermott, both from Northern Ireland, who were convicted in January 1979 of murder and membership of the IRA but had their convictions quashed in February 2007.

But the panel unanimously rejected a similar challenge by former aircraft engineer Andrew Adams, of Newcastle upon Tyne, who spent 14 years in jail before his murder conviction was ruled unsafe.

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