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Murder conviction overturned thanks to Cardiff law students Murder conviction overturned thanks to Cardiff law students
(5 months later)
The victim of a miscarriage of justice has praised the students who investigated his case, after a historic ruling saw his murder conviction overturned on appeal thanks to the work of a team lead by Cardiff University.The victim of a miscarriage of justice has praised the students who investigated his case, after a historic ruling saw his murder conviction overturned on appeal thanks to the work of a team lead by Cardiff University.
Dwaine George, now aged 30, was jailed for life in 2002 for the shooting of 18-year-old Daniel Dale in Manchester, and served 12 years behind bars on a life sentence before being freed last year. But on Tuesday top judges overturned his conviction, and praised the “diligent” work of law students who helped provide the evidence which they deemed made the conviction “no longer safe”.Dwaine George, now aged 30, was jailed for life in 2002 for the shooting of 18-year-old Daniel Dale in Manchester, and served 12 years behind bars on a life sentence before being freed last year. But on Tuesday top judges overturned his conviction, and praised the “diligent” work of law students who helped provide the evidence which they deemed made the conviction “no longer safe”.
George, who has always maintained his innocence, was helped by law students at Cardiff University working under the university’s Innocence Project, which investigates potential miscarriages of justice. Quashing his conviction today, one of the most senior judges in the country Sir Brian Leveson, said the it was “no longer safe” and praised “the work of the Innocence Project and Pro Bono Unit at Cardiff Law School, which took up the appellant’s case and pursued it so diligently”. George has always denied being involved with the 2001 killing of Dale, who was gunned down in Manchester days before he had been due to give evidence at Manchester crown court about the killing of his best friend. Paul Ward, 16, had been stabbed to death in a street attack in the city earlier in the year.George, who has always maintained his innocence, was helped by law students at Cardiff University working under the university’s Innocence Project, which investigates potential miscarriages of justice. Quashing his conviction today, one of the most senior judges in the country Sir Brian Leveson, said the it was “no longer safe” and praised “the work of the Innocence Project and Pro Bono Unit at Cardiff Law School, which took up the appellant’s case and pursued it so diligently”. George has always denied being involved with the 2001 killing of Dale, who was gunned down in Manchester days before he had been due to give evidence at Manchester crown court about the killing of his best friend. Paul Ward, 16, had been stabbed to death in a street attack in the city earlier in the year.
The prosecution argued that George – who denied all involvement – and another man, Ryan Brown, had used a Walther PPK self-loading pistol to kill Dale. They presented evidence of a very small amount of gunshot residue found on a black Henri Lloyd hooded jacket found under the stairs at George’s home.The prosecution argued that George – who denied all involvement – and another man, Ryan Brown, had used a Walther PPK self-loading pistol to kill Dale. They presented evidence of a very small amount of gunshot residue found on a black Henri Lloyd hooded jacket found under the stairs at George’s home.
George’s first appeal failed in 2004, but the Criminal Cases Review Commission (CCRC) referred the murder conviction to the court of appeal for a second time. The current appeal focused on new guidelines which cast doubt on using small particles of gunshot residue as evidence. Students contacted Dennis McGuire, a US-based gunshot residue expert, who provided the basis for the students’ technical submissions. In his judgment, made with Mr Justice Green and Mr Justice Goss, Leveson pointed to new guidelines on firearms residue issued by the Forensic Science Service (FSS) in 2006, two years after George’s conviction. If the new guidelines were followed “the number and type of particles of residue found on the coat were so small so as to be at or near the level at which they could not be considered to have evidential value,” according to the judgment. If the judge at the original trial had access to the new guidelines his directions to the jury “would have been couched in terms of much greater circumspection and caution,” it added.George’s first appeal failed in 2004, but the Criminal Cases Review Commission (CCRC) referred the murder conviction to the court of appeal for a second time. The current appeal focused on new guidelines which cast doubt on using small particles of gunshot residue as evidence. Students contacted Dennis McGuire, a US-based gunshot residue expert, who provided the basis for the students’ technical submissions. In his judgment, made with Mr Justice Green and Mr Justice Goss, Leveson pointed to new guidelines on firearms residue issued by the Forensic Science Service (FSS) in 2006, two years after George’s conviction. If the new guidelines were followed “the number and type of particles of residue found on the coat were so small so as to be at or near the level at which they could not be considered to have evidential value,” according to the judgment. If the judge at the original trial had access to the new guidelines his directions to the jury “would have been couched in terms of much greater circumspection and caution,” it added.
In a statement George thanked students, professors and pro-bono lawyers for securing the overturning of his conviction, “First and foremost, my thoughts go out to Daniel Dale’s family. He lost his life in this tragic event and I always said I wasn’t responsible for that,” he said. “Today I have got the result I wanted – I have lost a lot of my life that I can’t get back, but I just want to get on with my life now. I hope the Cardiff Innocence Project will get all the recognition it deserves for this. I want to thank all those who helped me – the students and staff at Cardiff, my solicitor David McCorkle, James Wood QC and Tunde Okewale from Doughty Street Chambers”.In a statement George thanked students, professors and pro-bono lawyers for securing the overturning of his conviction, “First and foremost, my thoughts go out to Daniel Dale’s family. He lost his life in this tragic event and I always said I wasn’t responsible for that,” he said. “Today I have got the result I wanted – I have lost a lot of my life that I can’t get back, but I just want to get on with my life now. I hope the Cardiff Innocence Project will get all the recognition it deserves for this. I want to thank all those who helped me – the students and staff at Cardiff, my solicitor David McCorkle, James Wood QC and Tunde Okewale from Doughty Street Chambers”.
Thirty current and former students of Cardiff attended George’s appeal on 6 November to witness the students’ investigative work presented by barristers to a panel of appeal court judges. The university is one of a number of higher education institutions that work on cases of potential miscarriages of justice. Prof Julie Price, who runs the Cardiff project with Dr Dennis Eady, said university students had worked for “hundreds of hours” on the case over a four year period and the fact that it was the first case to be overturned with the help of an innocence project in nine years exposed serious flaws in the appeal process. But she said she was not “pleased” at the outcome. “We hope this case will draw attention to the real problems with the appeal project, but are very conscious that a young man was killed and his family will have to go through more suffering and that has to dominate our thoughts,” she said.Thirty current and former students of Cardiff attended George’s appeal on 6 November to witness the students’ investigative work presented by barristers to a panel of appeal court judges. The university is one of a number of higher education institutions that work on cases of potential miscarriages of justice. Prof Julie Price, who runs the Cardiff project with Dr Dennis Eady, said university students had worked for “hundreds of hours” on the case over a four year period and the fact that it was the first case to be overturned with the help of an innocence project in nine years exposed serious flaws in the appeal process. But she said she was not “pleased” at the outcome. “We hope this case will draw attention to the real problems with the appeal project, but are very conscious that a young man was killed and his family will have to go through more suffering and that has to dominate our thoughts,” she said.
George’s barrister James Wood QC said: “The work of the Innocence Project of Cardiff University essentially contributed magnificently towards overturning this abiding miscarriage of justice. Dwaine George had been convicted upon flawed voice identification evidence, and flawed microscopically minuscule gunshot residue on an item of clothing seized from his cellar, which science now discloses could not bear the burden of his conviction. Dwaine protested his innocence throughout his long imprisonment and obtained a degree whilst incarcerated. He can now seek to put his life together again as an innocent man wholly vindicated by this judgment.”George’s barrister James Wood QC said: “The work of the Innocence Project of Cardiff University essentially contributed magnificently towards overturning this abiding miscarriage of justice. Dwaine George had been convicted upon flawed voice identification evidence, and flawed microscopically minuscule gunshot residue on an item of clothing seized from his cellar, which science now discloses could not bear the burden of his conviction. Dwaine protested his innocence throughout his long imprisonment and obtained a degree whilst incarcerated. He can now seek to put his life together again as an innocent man wholly vindicated by this judgment.”
Dale’s mother said she had been left “feeling sick” at the decision to quash George’s conviction. “There is no appeal available for my son’s life,” Lynn Hayes told the Manchester Evening News. “No amount of time will ever fix the heartbreak that my family continue to suffer each and everyday.”Dale’s mother said she had been left “feeling sick” at the decision to quash George’s conviction. “There is no appeal available for my son’s life,” Lynn Hayes told the Manchester Evening News. “No amount of time will ever fix the heartbreak that my family continue to suffer each and everyday.”
• This article was amended on 30 April 2015 to correct the name in the picture caption.