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Barry GEORGE
verturned on appeal in November
2007. Acquitted on August 1, 2008
Barry George was born in Hammersmith, London. His
parents divorced when he was 13. At 14, he attended the publicly-funded
Heathermount boarding school in Sunningdale, Berkshire, for children
with emotional or behavioural difficulties.
After leaving school without qualifications his only
employment was as a messenger with the BBC for four months in 1977. His
interest in the BBC endured until his arrest; he was a regular reader of
the in-house magazine Ariel, and had reportedly kept four copies
of the memorial issue which featured Jill Dando's murder.
George has exhibited an interest in celebrities,
including Diana, Princess of Wales; and Prince Charles. He adopted
several pseudonyms, starting at school, where he used the name Paul Gadd,
the real name of singer Gary Glitter.
Previous criminal convictions and investigations
In 1980, after a failed attempt to join the
Metropolitan Police, George posed as a policeman, having obtained false
warrant cards. For this he was arrested and prosecuted. He appeared in
court clad in glam rock clothing and untruthfully stated his name to be
Paul Gadd, a revival of his Gary Glitter fixation and the name under
which he was charged. At Kingston Magistrate's Court he was fined £25.
In the same year, George was charged and acquitted of
indecent assault, but shortly afterwards he was convicted on a similar
charge for which he received a suspended three-month sentence.
In 1983 George was convicted at the Old Bailey under
the pseudonym of 'Steve Majors' for the attempted rape of a woman in his
apartment block and served 23 months of a 33 month sentence. Shortly
before this, as was revealed after his arrest for the Dando murder,
George had been found attempting to break into Kensington Palace, at
that time the home of Diana, Princess of Wales. He had been discovered
on one occasion hiding in the grounds wearing a balaclava and carrying a
knife, and in possession of a poem he had written to Prince Charles.
In May 1989 George married a Japanese student, Itsuko
Toide, in what Ms Toide described as a marriage "of convenience – but
nonetheless violent and terrifying." After four months she reported an
assault to the police; George was charged, but the case was dropped
before coming to court, and the marriage ended.
A psychologist studying Barry George since his arrest
for the Dando murder concluded that he was suffering from several
different personality disorders, stating that he has an IQ of 75 and
suffers from epilepsy.
Overturned conviction for murder of Jill Dando
Jill Dando was shot dead outside her home on 26 April
1999. Barry George was convicted of her murder on 2 July 2001, a verdict
considered unsafe by some observers at the time. This verdict was
overturned on appeal in November 2007.
Appeals
In 2002, the Court of Appeal's judgment on the
appeal, having addressed a number of grounds including eyewitness
testimony, scientific evidence, and the role of the trial judge,
concluded that the verdict of the jury was not unsafe and that appeal
was dismissed.
In March 2006, Barry George's lawyers sought an
appeal on fresh evidence based on medical examinations suggesting he was
not capable of committing the crime because of his mental disabilities.
A second defence argument was that two new witnesses say they saw armed
police at the scene when George was arrested, contrary to official
reports about the circumstances of his arrest — the Metropolitan Police
maintain there were no armed officers present during the arrest of
George. There was scientific evidence linking Barry George to the murder
in the form of a single microscopic particle of what was said to have
been gunshot residue, together with evidence as to the character of a
fibre found on his clothing. It was argued by the defence that the
presence of armed officers and their involvement in his arrest might
have been responsible for the gunshot residue.
In September 2006, following investigations by
George's campaigners and a Panorama documentary about the
conviction, first broadcast in the UK on 5 September 2006 and which
included an interview with the foreman of the trial jury, fresh evidence
was submitted to the Criminal Cases Review Commission by the programme-makers
and by Barry George's solicitor. The evidence concerned scientific
analysis of the alleged gunshot residue, eyewitness evidence, and
psychiatric reports. The programme revealed that the FBI had stopped
using gunshot residue as evidence because it was extremely unreliable.
Since then, the Crown Prosecution Service has decided not to use gunshot
residue as evidence in new cases in the UK.
On 20 June 2007, the Criminal Cases Review Commission
announced that it would refer George's case to the Court of Appeal. On
22 August 2007, George was refused bail prior to the hearing, which
subsequently began on 5 November 2007.
One of the defence team's main grounds of appeal was
that the single particle of gunshot residue in the coat pocket was not
evidence which conclusively linked George to the crime scene; it could
have appeared as a result of contamination of the coat when it was
placed on a mannequin to be photographed as police evidence.
On 7 November 2007 the Court of Appeal reserved
judgement in the case and on 15 November 2007 announced that the appeal
was allowed and the conviction quashed.
In summary, the reasoning of the Court was that at
the trial the prosecution had relied primarily on four categories of
evidence:
one witness who had identified him as being in Jill
Dando's street four and a half hours before the murder and other
witnesses who, although they could not pick George out at an identity
parade, saw a man in the street in the two hours before the murder who
might have been George;
alleged lies told by George in interview;
an alleged attempt to create a false alibi;
the single particle of firearm discharge residue (FDR)
found, about a year after the murder, in George's overcoat.
The prosecution had called expert witnesses at the
trial whose evidence suggested that it was likely that the particle of
FDR came from a gun fired by Barry George rather than from some other
source.
Those witnesses and other witnesses from the Forensic
Science Service told the Court of Appeal that this was not the right
conclusion to draw from the discovery of the particle of FDR. It was
instead no more likely that the particle had come from a gun fired by
Barry George than that it had come from some other source. The Court of
Appeal concluded that, if this evidence had been given to the jury at
the trial, there was no certainty that the jury would have found George
guilty. For this reason his conviction had to be quashed.
A retrial was ordered and George was remanded in
custody, making no application for bail.
Retrial
George appeared before the Old Bailey on 14 December
2007 and again pleaded not guilty to the murder. His retrial began on 9
June 2008.
Initially there was a lot of coverage in the press,
especially of the prosecution portrayal of the defendant as being highly
obsessive, lacking in social skills and a danger to women. The
prosecution case differed from that of the first trial in that there was
practically no scientific evidence as the evidence relating to the FDR
was ruled inadmissible by the trial judge (Mr Justice Griffith Williams).
There was much evidence of George's bad character which was admitted in
the re-trial (at the discretion of the trial judge) as a result of the
enactment of the Criminal Justice Act 2003 since the original trial.
There were delays due to legal arguments and to the illnesses of the
defendant and one of the jurors. For the defence William Clegg QC
reminded the jury that evidence from three women from HAFAD (Hammersmith
and Fulham Action on Disability) placed the defendant's arrival at their
offices at 11:50 or 12:00, which, according to Clegg's argument, would
have made it impossible for him to have committed a murder at Dando's
house at 11:30 and then gone home (in the wrong direction) to change.
Two neighbours who almost certainly saw the murderer immediately after
the shooting had seen him go off in this direction, and later failed to
identify Barry George at an identification parade. The trial ended with
George's acquittal on 1 August 2008.
Biography
Jill Dando was born in Weston-super-Mare, North
Somerset, and was educated at Mendip Green Infant School, St Martin's
Junior School, Worle Comprehensive School and Broadoak Sixth Form
Centre, where she was head girl. She studied journalism at South
Glamorgan Institute of Higher Education in Wales.
Dando was a keen thespian. She was a member of Weston-super-Mare
Amateur Dramatic Society and Exeter Little Theatre Company, with whom
she appeared in plays at the Barnfield Theatre.
Dando was a volunteer at Sunshine Hospital Radio in
Weston-super-Mare before she started her first job as a trainee reporter
for the local newspaper, the Weston Mercury, where her father and
brother worked. After five years as a print journalist, she began
employment with the BBC when she became a newsreader for BBC Radio Devon
in 1985. That year, she transferred to BBC South West, where she
presented a regional news magazine programme, Spotlight South West.
In 1986, Dando made a move from regional to national television when she
moved to London to present the hourly daytime television news summaries.
At the time of her death, Dando had presented just
one episode of her new project, The Antiques Inspectors and was
scheduled to present the Six O'Clock News that evening. She was
featured on the cover of that week's Radio Times magazine.
Murder
On the morning of 26 April 1999, Dando left the
Chiswick home of her fiancé, Dr. Alan Farthing. She returned alone, by
car, to the house she owned but rarely visited in Gowan Avenue, Fulham,
West London. As she reached her front door at about 11:32, she was shot
once in the head.
Her body was discovered shortly afterwards by a local
resident Helen Doble. Dando was taken to the nearby Charing Cross
Hospital where she was declared dead on arrival at 13:03 BST. She was 37
years old.
"As Dando was about to put her keys in the lock to
open the front door of her home in Fulham, she was grabbed from behind.
With his right arm, the assailant held her and forced her to the ground,
so that her face was almost touching the tiled step of the porch. Then,
with his left hand, he fired a single shot at her left temple, killing
her instantly. The bullet entered her head just above her ear, parallel
to the ground, and came out the right side of her head." - Bob
Woffinden, The Guardian, July 2002
Forensic study indicated that Dando had been shot by
a bullet from a 9mm automatic pistol, with the gun pressed against her
head at the moment of the shot. The killer, a white man thought to be in
his late 30s, was seen walking from the scene of the attack.
Within six months, the murder investigation team had
spoken to more than 2,500 people and taken more than 1,000 statements.
With little progress after a year, the police concentrated their
attention on Barry George. George resided about half a mile from Dando's
house. He had a history of stalking women and other antisocial behaviour.
George was put under surveillance and was eventually charged with
Dando's murder.
George was tried at the Old Bailey, convicted, and on
2 July 2001 he was sentenced to life imprisonment. However, concern
about this conviction was widespread on the basis that the case against
George appeared thin. Two appeals were unsuccessful. But, after
discredited forensics evidence was excluded from the prosecution's case,
George's third appeal succeeded in November 2007. The original
conviction was quashed and a second trial lasting eight weeks ended in
George's acquittal on 1 August 2008.
Jill Dando's family and her former fiancé Alan
Farthing did not ask the police to reopen the investigation. George's
family and supporters were jubilant at the outcome, claiming that there
had never been any worthwhile evidence against him. This view was
articulated by Dando's former agent, Jon Roseman, who stated that he had
doubted George's guilt from an early stage.
After George's acquittal, a number of newspapers
published articles which appeared to suggest that he was guilty of the
Dando murder and other offences against women. In December 2009 George
accepted substantial damages from a newspaper group following a libel
action in the High Court.
Potential suspects
Lines of inquiry explored in the police investigation
included :
Theories that a jealous ex-boyfriend or an unknown
lover had killed her. This was quickly ruled out by the detectives who
interviewed all Dando's friends and acquaintances and checked her
phone calls
A belief that somebody had hired an assassin to
murder Dando as revenge for their being convicted as a result of
evidence garnered by Crimewatch viewers. After exhaustive
inquiries this was also ruled out by detectives.
Various theories relating to Bosnian-Serb or
Yugoslav groups (see below).
The possibility that a deranged fan may have killed
Dando after she had rejected his approaches. Dando’s brother, Nigel,
informed detectives that she had become concerned by “some guy
pestering her” in the few days before her death, but this was ruled
out by detectives.
A case of mistaken identity. This was judged
unlikely given that the killing took place on the doorstep of Dando's
own home.
Even actions taken by a professional rival or
business partner had to be considered. Her agent Jon Roseman stated
that he had been interviewed as a suspect by police.
The original police investigation had explored the
possibility of a professional killing. But since Dando was living with
her fiancé and was only rarely visiting her Gowan Avenue house it was
considered unlikely that a professional assassin would have been
sufficiently well informed about Dando's movements to have known when
she was going there. CCTV evidence of Dando's last journey (mainly
security video recordings from the Kings Mall shopping centre in
Hammersmith which she visited on her way to Fulham) did not show any
sign of her being followed.
The Yugoslav
connection
Soon after the killing some commentators identified
the possibility of a Yugoslav connection.
At Barry George’s first trial his defence barrister,
Michael Mansfield QC, quoted from a National Criminal Intelligence
Service report which stated that the Serbian warlord leader, Arkan, had
ordered her assassination in retaliation for the bombing of a television
station in Belgrade by NATO aeroplanes on 23 April 1999. He implied that
Dando's earlier presentation of an appeal for aid for Kosovan Albanian
refugees may have angered Bosnian-Serb hardliners.
The police did not believe that the Yugoslavs had
killed Dando. Since Dando was merely a TV presenter they did not
perceive any obvious motive on the part of the Yugoslavs. Furthermore,
only three days had separated the Belgrade bombing and the killing of
Dando. The police reasoned that three days would not have allowed
sufficient time for the Yugoslavs to have organised and carried out her
murder. Finally, no Yugoslav group ever credibly claimed responsibility
for the killing. It was argued that there would be no point in carrying
out a revenge killing without claiming responsibility.
However, the theory still holds great sway with
commentators. The former communist regime in Yugoslavia had a history of
targeted assassinations directed against its opponents. It has been
claimed that between 1946 and 1991 the Yugoslav Secret Service (UDBA)
had carried out at least 150 assassination attempts against people
living outside Yugoslavia. The victims were mostly Croatian émigrés,
although others were targeted. The attacks were usually carried out by
small teams consisting of a trigger-man supported by a spotter and were
always carefully planned. The attacks were often made as targets entered
or left their homes since this was the point at which they were most
vulnerable and where a case of mistaken identity was least likely.
The last known UDBA hit in the UK took place on 20
October 1988 when Nikola Stedul, a 51 year old Croatian émigré was
gunned down outside his home in the Scottish town of Kirkcaldy. For
various reasons, the attack did not go smoothly. Stedul survived it
although he was severely wounded in the head. His assailant was arrested
a few hours later at Heathrow airport and identified as one Viko Sindic
– a Yugoslav known to Western intelligence services.
Bob Woffinden, a journalist who specialises in
miscarriage of justice has stated "Claims of responsibility are made by
groups such as the IRA or ETA. In 60 years, there has not once been a
claim of responsibility for an assassination carried out by east
European secret services". Wooffinden advanced the view that a Yugoslav
group was behind the Dando killing and in various newspaper articles he
contested all the grounds on which the police had dismissed this
possibility.
Discredited links with Yugoslavia include when a West
Midlands petty criminal of Serbian descent was said to have boasted of
the killing in a bar in Belgrade in September 2001. A jailed former
cargo aircraft captain as well as two other witnesses stated they were
present in the bar at the time of the alleged confession.