Dando trial jury 'broke rules' over verdict
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A distressed juror in the Jill Dando case made repeated telephone calls after Barry George was convicted of her murder to say: "A terrible wrong had been done".
The juror voiced "disgust and distress" because jurors had thrashed out the case in their hotel at night – against all the rules – and divided into opposing camps, it was claimed at George's appeal yesterday.
The eleven men and women, who deliberated for five days before convicting the 42-year-old ex-musician of killing the TV presenter, were said to have been put up in a hotel overnight to guard them from outside influences.
Yet, despite directions from the trial judge, Mr Justice Gage, that all deliberations should take place within the Old Bailey jury room, they continued to argue the case during lunch and after hours.
That amounted to a "serious irregularity" and possible miscarriage of justice, Michael Mansfield QC insisted on the second day of George's appeal against the conviction.
"The dangers inherent in deliberations continuing in a hotel are obvious. Unless the jury are all together in one room, rival camps can be formed. There is a clear danger pressure may be brought to bear on jurors not in the camp," he said.
It might also be the reason, he added, why one juror was so disturbed that they called the defendant's solicitors and the court at least half a dozen times in the days following the verdict on 2 July last year.
George, of Fulham, west London, denied murdering the Crimewatch presenter in April 1999, but was convicted by a majority of 10-1.
During the calls, the juror was "clearly upset" but was warned against discussing jury deliberations because it could lead to a fine or imprisonment. The claim they had argued the case out of hours was made later in a book by John McVicar, in which he revealed he had a "feed" into their deliberations.
"If that is true, it is completely irregular for a juror to be communicating to someone outside and providing a running commentary on the views of the jury," Mr Mansfield told the Lord Chief Justice Lord Woolf, sitting with Mr Justice Curtis and Mr Justice Henriques at the Court of Appeal.
The book, entitled Dead on Time, the barrister added, gave the impression the jurors had divided into camps.
In response, Orlando Pownall QC, for the Crown, denied the revelations undermined the conviction. He said: "The court is invited to speculate in respect to things said by a juror clearly upset. Clearly the proper inference to be drawn was that this was the dissenting juror in a high-profile case after five days of deliberations."
Mr Pownall said Mr McVicar made it perfectly clear he had not had any contact with the jury during deliberations but had been telephoned by an intermediary months after the trial. He went on: "This court is entitled to conclude, in the absence of evidence to the contrary, that the jury respected the directions given."
The judges reserved judgment until a later date.