Dando trial defence team could face race against time over appeal

Barry George's defence team has much work to do over the next four weeks if it is to launch an appeal against his conviction …

Barry George's defence team has much work to do over the next four weeks if it is to launch an appeal against his conviction for the murder of the BBC television presenter, Jill Dando.

Probably headed by George's leading counsel, Mr Mike Mansfield QC, the team will race against the appeal deadline to dissect every statement and shred of evidence in the trial, including every remark and decision made by the Old Bailey trial judge, Mr Justice Gage, looking for grounds on which to appeal.

When someone is dissatisfied with a jury's verdict they can generally appeal to the Court of Appeal on three grounds, Mr Stephen Wedd, a member of the criminal law solicitors association, told The Irish Times.

If there is dissatisfaction with the way defence counsel has presented and argued the case an appeal can be launched, but that is unlikely in George's case, Mr Wedd said, because of Mr Mansfield's experience and skill.

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With that option ruled out, the defence team would look through factual evidence and the possibility that a new witness or alibi might come forward to help cast doubt on George's conviction. But an appeal launched on a factual basis is "fairly rare" and can be a long drawn-out process, Mr Wedd said, drawing a comparison with the Birmingham Six case.

Mr Wedd said he believed the most likely basis for an appeal will be the legal test, which questions whether the introduction or omission of a particular piece of evidence prejudices a trial: "I think there will be an appeal, probably on the grounds that the prosecution put undue weight on the grain of gunpowder found and whether it should have been introduced at that time."

Other legal figures have suggested that George's defence team could base an appeal on the absence of a motive and the inclusion of prosecution evidence of witnesses who failed to pick him out in police identification parades. The prosecution was allowed to go back to witnesses to ask them if it could have been George they had seen near Ms Dando's home.

If George is allowed to appeal against his conviction the case could be heard within 18 months, but in the immediate aftermath of the trial he is reportedly "devastated" by the guilty verdict. Prison officers at Belmarsh high security jail in south London, where he is being held, are concerned he may try to commit suicide and he has been put on suicide watch.

As his defence team contemplates his appeal, George's supporters seem to have accepted it will not be successful.

"He has been convicted on circumstantial evidence but the Court of Appeal will not look at anything based on circumstantial evidence," says Mr John McManus, of the Miscarriages of Justice campaign. "He needs fresh evidence, but it's going to be very difficult to find fresh evidence."