George, Dwaine
Dwaine George was tried in April 2002 at Preston Crown Court for murder, attempted murder, and possession of a firearm with intent to endanger life. He pleaded not guilty but was convicted and sentenced to life imprisonment with a minimum tariff of 12 years.
Mr George appealed against his convictions in 2004, but the appeal was dismissed. The CCRC received an application for review of the conviction in July 2010.
The case against Mr George at trial had been largely based upon gunshot residue (GSR) evidence which had been found on a coat recovered from Mr George’s home. The prosecution asserted that this was supportive of Mr George being the gunman in the fatal shooting of the victim.
However, during review the CCRC considered that since Mr George’s trial there had been recognition that GSR evidence may in the past have been inappropriately reported and interpreted and, as a result, findings of low levels of GSR may have been accorded undue evidential weight before a jury.
In 2006 these concerns were recognised in a Forensic Science Service (FSS) report which was central in the Court of Appeal’s decision to quash the conviction of Barry George for the murder of Jill Dando.
Dwaine George’s representatives at Cardiff University Law School Innocence Project raised issues relating to gunshot residue evidence and made representations to the CCRC based on an expert report obtained by them.
The CCRC additionally commissioned a new expert report on the evidence presented at Mr George’s trial. This report found that of four particles found on Mr George’s coat, only two could be said to GSR. Furthermore, these could have got onto the coat through innocent contamination.
The report also highlighted that GSR evidence no longer attracted the evidential value which had been attributed to it at trial and that the particles found on Mr George’s coat would no longer be considered admissible in evidence.
The CCRC concluded that as a result, there was a real possibility the Court of Appeal would find Mr George’s conviction to be unsafe.
The CCRC referred the conviction in November 2013.
The Court of Appeal quashed the conviction in December 2014.