Cleared Dando death suspect battles for compensation

Barry George, who spent eight years in prison after being wrongly convicted of the murder of the TV presenter Jill Dando, has launched a new High Court battle for compensation as a victim of a “miscarriage of justice”.

His QC told two judges that – despite Mr George’s unanimous acquittal by a jury at a retrial – a Ministry of Justice “functionary” had unfairly and unlawfully decided that he was “not innocent enough to be compensated”.

Yet for more than 30 years those acquitted on retrials in similar circumstances had been compensated, said Ian Glen QC.

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The position seemed to have changed in 2008, the year that Mr George was acquitted.

“We are not sure when the policy was changed or whether it was affected by the Barry George case,” said Mr Glen.

He argued the decision not to treat Mr George’s acquittal as a miscarriage of justice was to go behind the decision of the jury that acquitted him and failed to take account of the fact that no safe conviction could ever be based on the evidence against Mr George.

Mr George, 52, who was not at the hearing at London’s High Court, could claim an award of up to £500,000.

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His high-profile action is one of five test cases assembled for Mr Justice Beatson and Mr Justice Irwin to decide who is now entitled to payments in “miscarriages of justice” cases following a landmark decision by the Supreme Court in May 2011.

Decisions in all five cases to refuse pay-outs are being defended by Justice Secretary Chris Grayling in a three-day hearing.

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

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

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Mr George’s initial claim for compensation was rejected in January 2010.

Mr George was told by the Justice Secretary in June 2011 he was still not entitled to compensation under Section 133 of the Criminal Justice Act 1988.

The hearing is scheduled to continue today.

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