Barry George To Test Law For Compensation

Barry George To Test Law For Compensation

Barry George, who spent eight years in jail before being cleared of the murder of TV presenter Jill Dando, has been given the go-ahead to fight a test case for compensation.

Mr George, 52, will be one of five lead cases to be heard at the High Court in London this autumn, a judge has ruled.

The cases 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 last year.

Mr George, from Fulham in west London, was found not guilty of killing 37-year-old Ms Dando after a retrial in 2008.

He had been convicted of the murder two years after the BBC broadcaster was found dead outside her home in 1999.

But the Court of Appeal quashed that conviction and he was later acquitted.

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

The Supreme Court last year redefined the legal meaning of what constitutes a miscarriage of justice following a debate about when compensation should be paid to those wrongly convicted of a crime.

The ruling aims to ensure that when innocent defendants are convicted on discredited evidence they are not precluded from obtaining a pay-out because they cannot prove their innocence beyond reasonable doubt.

On Friday, Mr Justice Irwin said Mr George's case and four others would be used to "illustrate the law" as it now stood.

Nick Baird, solicitor for Mr George, said if his client should win his claim, the amount he can receive will be capped at £500,000.

Mr George is waiting to hear whether he will be granted legal aid to fight his case.

If his application is refused, his lawyer said he would seek a "protected costs order" to cap the amount he would have to pay if he lost the test case.