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Prejudice? What prejudice?

Brian Cathcart

Published 28 June 2007

When Barry George was arrested, newspapers branded him a weirdo and a loner - and we are asked to believe this did not contribute to his dubious conviction for murder

"Exclusive: Dando evidence hyped up," said the Mirror. The Mail on Sunday revealed "the 100-page report that could set Jill Dando 'killer' free". And the Express offered: "We reveal why the disturbed loner could have been jailed for a crime committed by a Serbian gunman."

How times change. The Mirror's headline on 3 July 2001, after Barry George was convicted of murdering the BBC presenter, was a full-blooded "Jill's mad assassin"; the Mail went for "Beauty and the Beast" and the Sun gave us "He tried to kill Di too". Oops.

Of course, it is not the fault of the newspapers if the courts can't be trusted to get decisions right. They just did what papers do. Having dutifully sat on some lurid (if ancient) material about George right through the trial, they unleashed it the moment the jury said "guilty" - photos of him with guns and a gas mask, a 20-year-old attempted rape conviction, an arrest outside Kensington Palace and more.

Today, though, the case seems to have the makings of one of those Private Eye apologies: "Any impression we may have given in the past that Mr George was anything other than a law-abiding citizen unjustifiably caught up in a web of flimsy circumstantial evidence was entirely unintentional . . ."

But there is more to this than watching tabloids trip up. If George wins the second appeal he has been granted (and for legal reasons the odds are probably still against him), there will be strong grounds for looking closely at the contribution the media made to a notoriously dubious conviction.

This included the most flagrant breaches of the Contempt of Court Act - breaches that government law officers blithely ignored. The law says that no information which might prejudice a future jury against a suspect is supposed to be published once legal proceedings are active - for example, after an arrest has been made.

Yet for three days after George was taken into custody in May 2000, papers were pumping out material about the weird loner and hypochondriac who lived in squalor, supposedly idolised Princess Diana and pretended alternately that he was an SAS veteran and Freddie Mercury's cousin. The vilification only stopped after he was charged.

This was damaging enough for a man accused of killing one of the most famous and popular women in the country, but the context made the impact on George's defence all the greater.

Just a month before the arrest, the BBC's Crimewatch UK (on which Dando had worked) had interviewed the detective in charge of the investigation, Chief Inspector Hamish Campbell.

More than he had ever done in the year since the murder, Campbell focused in this interview on the likelihood that the killer was "someone who is emotionally isolated", someone with an "obsession with women" and someone who knew about guns.

Not rocket science, you may say, except that the official picture had always previously been clouded by the evidence of professionalism in the killing - the apparent knowledge of Dando's complex movements, the single shot to the head and the swift escape all seemed to imply coolness rather than obsession. In that live Crimewatch interview on 19 April 2000 (which took place just one day after his officers had conducted their first search of Barry George's home), Campbell finally ceased to keep all his options open and instead put his money on the killer being an obsessed loner with a knowledge of guns.

A month later George was in custody and the press was pumping out evidence that he was a loner fixated on celebrities such as Diana, and claiming a military past - in other words, exactly the sort of man we had been told the police were looking for.

The legal test for a contempt of court is that there must be "a substantial risk of serious prejudice". Three senior judges, at trial and appeal, have ruled that there was no such risk in the Barry George case. I find that baffling.

Views in briefs

Becky and Mel are cross about the new EU treaty and they don't care who knows it. "This is going to have a huge influence in how our country is run," Mel told the Sun. "It's only right Gordon Brown gives us a referendum."

Who, you may ask, are Becky and Mel? They were the Sun's joint page three girls last Tuesday, topless on the lawn (on page seven, as it happens), and their views appeared in the traditional speech bubble labelled "news in briefs".

I would not dream of questioning whether Mel actually uttered those words, any more than I would ask where the photographer found that bright sunshine in the wet days between the EU summit and publication. I only observe that this conforms to a remarkably consistent pattern of recent months: Gordon Brown is fortunate in his adversaries.

Brian Cathcart is professor of journalism at Kingston University

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1 comment from readers

Admin
10 July 2007 at 15:03

From letters to the editor

Dear Sir/Madam

Brian Cathcart’s article on Barry George, June 28th made interesting reading. It would certainly appear that the media played a part in demonising my rather foolish nephew Barry. No sooner had he been convicted than the same media began to question the safety of his conviction, e.g. the Telegraph and the Daily Mail to begin with.

It also appears that DCI Hamish Campbell and BBCs Crimewatch UK presenter Nick Ross prepared the public for Barry’s arrest in the programme which followed the search of his flat. I lodged a complaint with the BBC over that and in reply they seemed to say that the police were responsible for that programmes content.

Where I have difficulty with Brian’s article is in the possible Serb connection. While they would certainly have had a motive due to events surrounding the Kosovo / NATO conflict would a professional hit man have used such an improvised gun as killed Jill Dando? And how would a hit man have known that she might visit her unoccupied house on that day? Surely a ‘hit’ could have been better carried out at her Chiswick residence?

My own theory:

It was widely claimed that no one knew that Jill would be visiting her Fulham house on that day except her fiancé and her agent. What was not publicly revealed around the time of the murder is that she had recently invited a relative to visit her house at Gowan Avenue on the very day of her murder. I am not suggesting that the relative ‘did it’, that would be unthinkable, but I strongly suspect that something is being kept from us.

To expand on that I understand that some years earlier some of the relative’s friends briefly dated Jill. Some apparently also kipped down in Jill’s spare room at the relative’s invitation. I also understand that Jill may not have approved of the ‘alternative lifestyle’ of some of the relative’s friends some of whom like the relative had served in the army and therefore had firearms experience. The ‘alternative lifestyle’ I understand included cannabis use.

Recent research shows that cannabis use can lead to schizophrenia. So if there was such a person who became aware of the invitation for the relative to call to Gowan Avenue on the day then that person could have made a reasonable assumption that Jill would also call. If that person had harboured a fascination or infatuation for Jill and was upset at the recent news of her engagement then I believe we have a credible motive, i.e. to use an expression: ‘If I can’t have her nobody can’.

So when Nick Ross says that he believes that Barry George or somebody very like him is the killer he is close to the mark, except that the real killer was much closer to Jill Dando than Barry George who I understand never met her.

I do not believe that the police fully explored the above line of inquiry, if at all.

Yours sincerely

Michael Bourke

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