The role of the gunshot residue expert in case review — A case study

Abstract

This paper details the review of the gunshot residue (GSR) evidence relating to a 2002 murder involving the discharge of a pistol where the Prosecution used the GSR findings together with voice identification evidence and obtained a conviction in the case of R v Dwaine George. Mr George was subsequently represented by Cardiff University Law School’s Innocence Project who made representations to the Criminal Cases Review Commission (CCRC) based on issues relating to the GSR evidence. The CCRC commissioned their own expert review and based on these findings referred the conviction to the Court of Appeal stating that in their opinion the weight of the GSR evidence was not appropriately conveyed to the jury at the original Trial and there should have been a warning relating to the limited significance that could be attached to the evidence. The Court of Appeal concluded that had the jury been aware of the full extent of the potential alternative sources of GSR in the case and the limited number of particles found on a jacket related to Mr George then this would have affected the decision of the Trial jury. The appeal was allowed and the convictions were quashed.