Discussion and conclusion
53.It is convenient to take Grounds 1 and 3 together. BB undoubtedly exaggerated her account to police, to the jury, and to Hampshire Constabulary’s post-trial exploration of her media involvement when she claimed she saw the stabbing. She did not however exaggerate for monetary gain and she never resiled from her evidence at trial. Her credibility was fully explored before the jury who in our view was best placed to assess submissions that she was inconsistent, unreliable and lying. 54.In addition, the Crown could point to significant circumstantial support for her account from other witnesses and other evidence which aligned with Benguit as the murderer. He carried a knife. BB took him to 47 St Clements’s Road in the period after the murder. On arrival, he had blood on him and washed. He confessed to stabbing a student in Charminster. He telephoned his brother and attempted to create a false alibi. 55.We are not persuaded, against that backdrop, that further cross-examination on her post-trial account would have altered the verdict. We are in no doubt that the jury reached a verdict consistent with the evidence and we have heard nothing in either of these grounds to make us doubt the safety of the conviction.56.We take Grounds 2 and 4 together. The murder of Miss Shin was very different from those of Elisa Clapps and Mrs. Barnett. Restivo knew Elisa Clapps and Mrs Barnett, he did not know Miss Shin. He meticulously planned his attacks on Elisa Clapps and Mrs Barnett, he was forensically aware especially as to Mrs Barnett, whereas the attack on Miss Shin was on the evidence opportune rather than planned. Striking similarities between the murders of Elisa Clapps and Mrs Barnett did not feature in that of Miss Shin. Their bras were cut in the same place, their trousers partially lowered in the same manner and hair placed in their hands. Hair belonging to a stranger was placed in the hand of Mrs Barnett. Her own hair had been cut and placed under her other hand. Miss Clapp’s hair had also been cut and left near her. They were murdered inside, reducing the risk of immediate discovery, Miss Shin was murdered on the street and her clothing neither damaged nor adjusted. Indeed the risk of discovery was greater, since she spoke to paramedics and doctors. Elisa Clapps and Mrs Barnett were murdered during the day, Miss Shin in the early hours and in darkness. 57.The differences between the murders of Elisa Clapps and Mrs Barnett, as compared to that of Miss Shin, do not persuade us that Restivo should be regarded as arguably a candidate for the latter. 58.Restivo’s possession almost two years after her murder of a balaclava (which he did not wear during surveillance) was too remote to have significance. When observed watching women he was at an isolated location in stark contrast to the residential street upon which Miss Shin was murdered. 59.Neither are we persuaded of relevance attaching to the 12th day of the month. Only four occasions involved that number, far short of any figure which would begin to alert us to more than coincidence. 60.Although, had he been charged or convicted at the time of trial the PII exercise would have progressed on a different basis, on our analysis the material now relied upon as notionally going before the jury does not persuade us that a different verdict would realistically have been in contemplation.61.As to the work done by experts on the cars shown on CCTV, the issue is simply disposed of. Neither excludes the cars in which Benguit was on the evidence travelling during a period in which he could have murdered Miss Shin.62.Thus, for all the reasons given, we dismiss this appeal and reject the application for leave.