Justice for Barry George

To all those who oppose wrongful convictions,

I am Michelle, sister of Barry George and, as you are probable aware, he was recently convicted for the murder of Jill Dando. Barry's family and friends are convinced of his innocence and are strongly campaigning to have this conviction overturned.

His appeal against this Miscarriage of Justice will be heard in the Court of Appeal on the 15th, 16th, 17th and 18th of July 2002. Barry has asked me to contact any persons/organisations with experience in the field of Miscarriages of Justice, and to this end I write to ask if you can offer support to Barry at this time.

There has been a concerted effort on the part of some of the media to actively campaign against Barry, even though he was convicted on the flimsiest of circumstantial evidence. Lies and innuendo have dogged him. None of which had anything to do with the crime he is convicted of.

Barry needs all the support we can give him, otherwise he could well spend the rest of his life in prison for a crime he did not commit. Barry will never qualify for parole because he can never say he is guilty of this crime, therefore he cannot be repentant.

As the date of Barry George's appeal draws nearer, we, Barry's family and friends, wish to reiterate our confidence in Barry's innocence and unwavering support for him at this time.

The main thrust and focus of the appeal is identification. This point has implications for every case in the future where identification is in issue. The Prosecution and police in Barry's case have sought to turn non-identifications into positive identifications, thus turning totally negative evidence into positive evidence. The appeal will deal with this approach by the Prosecution conflicting with the background-of safeguards provided by the Police and Criminal Evidence Act 1984 procedures for parades; and the Codes of Practice governing them.

Further, we would like to take this opportunity to address the issue of the alleged taped confessions, recently referred to in the media.

It is our understanding that the Crown, after analysing these tapes,_does not intend to rely on them at the appeal in any way, shape or form.

We have never accepted there was any truth to these alleged confessions. They form part of a campaign to discredit Barry and to force a change in public opinion. The media have printed numerous articles about Barry designed to add force and credence to a murder conviction. These stories are totally unrelated to the trial and, we believe, are being used to shore up the weaknesses in this case and its lack of evidence against Barry.

The second focus of the appeal will be the scientific evidence; and the question of the requisite quality and provenance of such evidence before it can properly go before a jury. It will deal with the issues of contamination and that the police procedures in this case have led to the integrity of the vital exhibit, the coat being corrupted.

Barry's conviction is a miscarriage of justice, one of many we have seen recently, and we look forward to the day that his conviction will be overturned and his liberty restored.

Michelle Diskin

46 Church View

Ballincollig

Co. Cork

Ireland

00353 21 4872810

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Miscarriages of Justice Organisation - the Appeal of Barry George

The Appeal of Barry George, convicted last July of the murder of TV Presenter Jill Dando, will be heard on Monday July 15th, in Court 4 at Royal Courts of Justice. The Lord Chief Justice will preside over the Appeal proceedings.

MOJO has grave concerns over the safety of the conviction of Mr. George, having supported Barry and his family throughout the trial process and through to this Appeal.

Mr. Georges defence team, led by Michael Mansfield QC will challenge the identification and scientific evidence which was presented by the Crown at the trial.

The prosecution sought to turn non-identifications into positive identifications thereby turning totally negative evidence into positive evidence - an approach which conflicts with the background of the safeguards of the Police and Criminal Evidence Act procedures for identification parades, and the Codes of Practice governing them.

This will be an important principle for future cases where similar identification evidence becomes an issue. An important fact to bear in mind is always the inherent danger that this type of evidence greatly increases the real risk of a miscarriage of justice.

Similarly, the appeal will look closeley at the scientific issues and question the provenance of such evidence going before a jury. Contamination, police exhibit procedures and the integrity of the vital exhibit will be re-examined.

This Appeal will reveal the pollution of justice that has ocurred in this case and will demonstrate the exceptional efforts that have been made to identify them. Anyone who has a genuine interest in the administration of fair justice should follow the Appeal closely. There are lessons to be learned, MOJO has been educated and we consider we have been privileged to be able to offer our service and support to Mr. George, his family and the defence team.

As with all similar cases, our thoughts must also lie at this time, with the family of Jill Dando for whom these proceedings will be a painful reminder of their tragic loss. "Justice for Jill" is important to everyone.

Miscarriages of Justice Organisation

http://mojo.freehosting.net/

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Dando case judge wrong on admitting evidence, says Michael Mansfield QC

Nick Hopkins, crime correspondent, The Guardian, Saturday July 13, 2002

Lawyers acting for the man convicted of murdering TV presenter Jill Dando will make sweeping criticisms of the trial judge at the appeal court on Monday, claiming crucial evidence should not have been put before the jury and that the guilty verdict is unsafe.

Michael Mansfield, QC, will argue that Mr Justice Gage, who presided over last year's Old Bailey trial, should not have allowed the prosecution to include forensic material or the testimony of four witnesses who partially identified the defendant Barry George at video ID parades.

The appeal against conviction is based on legal and procedural grounds rather than fresh evidence and could lead to George being freed or a retrial.

Since George has been in jail he has been recorded at length by two other inmates talking about the murder. During one conversation, he confesses to being at the scene in Fulham, south-west London, when the shooting happened - he claimed at the trial he was at home and had never heard of Jill Dando.

However, the crown prosecution service has decided not to include the tapes in its submissions to the lord chief justice, Lord Woolf, who will be sitting with Lord Justice Henriques and Lord Justice Curtis.

Orlando Pownall, QC, who led the prosecution team, be lieves the case is sound and does not need bolstering.

Last July George, 42, was convicted of murdering Ms Dando on the doorstep of her home in Gowan Avenue, Fulham, on April 26 1999. She was killed in daylight with a single shot to the back of the head.

The death of the presenter, who was engaged to be married later that year, led to one of the biggest murder investigations ever mounted by Scotland Yard.

The police team, led by Detective Chief Superintendent Hamish Campbell, struggled to establish a motive or identify serious potential suspects until a review of many thousands of tit-bits of information from lthe public - put George in the frame. He was arrested in May 2000.

The police case was built around two firm sightings of him in Gowan Avenue on the morning of the murder and a minute particle of gunpowder residue found in an inside pocket of a blue cotton jacket recovered from his flat.

This matched tiny particles found on Miss Dando's clothes and on the back of her neck.

George's lawyers will tell the appeal court that Mr Justice Gage should not have allowed the forensic evidence to be put before the jury because the jacket could have been accidentally contaminated when it was taken to a police photographic studio before being examined by scientists.

The judge ruled that the jacket was admissible and left it to the jury to assess whether the possibility of contamination - fiercely contested by the prosecution - was real.

He also allowed the prosecution to call the four witnesses who could not conclusively identify George during face only video ID parades. George refused to take part in all but one live line-ups - these are the normal ID parade procedure. Using the video technique, four witnesses said they could not choose between the second face on the film - George's - and the eighth.

Mr Mansfield will also say that the "lurking doubt" about the safety of the conviction - based on what he regards as the fragility of the prosecution case - is another reason for the appeal court to free George or order a retrial.

George has always denied murdering Ms Dando and police have never been able to establish his motive for killing her. But following his conviction last July, it emerged that George was a fantasist who for years claimed to be the cousin of Freddie Mercury, lead singer of the pop group Queen, and to be a former SAS soldier.

George had a history of pestering women, had a spent conviction for attempted rape, and an obsession with guns. He was once found hiding in bushes at Kensington Palace, carrying a rope, knife and a poem addressed to the Prince of Wales.

The appeal is expected to last four days.

http://www.guardian.co.uk/uk_news/story/0,3604,754522,00.html