Killer Danilo Restivo fighting plans to deport him to Italy by claiming right to family life

CONVICTED: Danilo Restivo

CONVICTED: Danilo Restivo

First published in News
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THE brutal killer of Bournemouth mum Heather Barnett is fighting plans to deport him to his native Italy, claiming he has the right to a family life in England.

Home Secretary Theresa May has issued an order for Danilo Restivo to be transferred immediately to an Italian jail to serve his sentence.

But 41-year-old Restivo, whose wife still lives near the murder scene in Charminster, has launched a fight in a special immigration court.

In a case due to be heard in April, the depraved double murderer will claim a transfer to Italy will damage family life, despite him being in jail in Yorkshire, more than 200 miles from his wife’s address.

Restivo will serve a minimum term of 40 years, estimated to cost taxpayers around £2million if he remains in the UK.

His lawyer, immigration specialist Benjamin Hawkin, will argue he has the right to a family and private life under Article Eight of the European Convention on Human Rights.

But that claim has been disputed by MP Dominic Raab who attempted last week to stop foreign prisoners using the family life argument to stay in Britain.

“We’ve got to put a stop to this kind of outrageous flouting of deportation orders,” he said. “It’s crazy that loose family and social ties can trump the victims’ and public interest in removing a convicted murderer.”

The hearing is scheduled to take place in a special immigration court in Bradford in April.

Restivo attacked and mutilated Mrs Barnett in her flat in Capstone Road in November 2002. Her body was found by her two young children when they returned home from school. He left cut strands of someone else’s hair in her hands and is known to have cut hair from women as they travelled on buses in the Bournemouth area.

Restivo was convicted of murder at Winchester Crown Court in 2011 and was later found guilty of murdering 16-year-old Elisa Claps in his home town of Potenza more than 20 years ago.

There were striking similarities in the way the two women were killed.

Comments (23)

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6:08am Wed 19 Feb 14

we-shall-see says...

How DARE this man claim a right to family life!! He certainly never gave a thought to the right to LIFE ITSELF for his victims!!!

This country is all gone to pot when we allow murders such as this piece of filth to claim every right or privilege they can, while the victim and their families get NO CONSIDERATION whatsoever ......... I hope they kick him back to Italy and let him rot in a jail over there :o//
How DARE this man claim a right to family life!! He certainly never gave a thought to the right to LIFE ITSELF for his victims!!! This country is all gone to pot when we allow murders such as this piece of filth to claim every right or privilege they can, while the victim and their families get NO CONSIDERATION whatsoever ......... I hope they kick him back to Italy and let him rot in a jail over there :o// we-shall-see
  • Score: 71

6:58am Wed 19 Feb 14

ShuttleX says...

This is not so much Restivos appeal but the larger picture of Europe. We don't get to pick and choose what laws and rights we accept when we sign up to a club. Our Politicians signed away our rights to govern ourselves, just so they could prance around Brussels saying "Look at me, I'm in the club too." The simple fact is, and ignore all Ms Mays grandstanding, if you are in the club you have to obey they rules. If you don't like that, then get out. That is not going to happen though. The Conservatives have offered a referendum on Europe, but if you read the small print, it isn't actually binding, and nor does it say when it would come in. Labour have already said they won't offer one, so we are stuck with silly rules like this I'm afraid. So as mad as it sounds that scum like Restivo can use the system, we just have to learn to deal with it.
This is not so much Restivos appeal but the larger picture of Europe. We don't get to pick and choose what laws and rights we accept when we sign up to a club. Our Politicians signed away our rights to govern ourselves, just so they could prance around Brussels saying "Look at me, I'm in the club too." The simple fact is, and ignore all Ms Mays grandstanding, if you are in the club you have to obey they rules. If you don't like that, then get out. That is not going to happen though. The Conservatives have offered a referendum on Europe, but if you read the small print, it isn't actually binding, and nor does it say when it would come in. Labour have already said they won't offer one, so we are stuck with silly rules like this I'm afraid. So as mad as it sounds that scum like Restivo can use the system, we just have to learn to deal with it. ShuttleX
  • Score: -18

7:16am Wed 19 Feb 14

kalebmoledirt says...

Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created
Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created kalebmoledirt
  • Score: 42

7:40am Wed 19 Feb 14

afcb-mark says...

kalebmoledirt wrote:
Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created
I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he.
[quote][p][bold]kalebmoledirt[/bold] wrote: Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created[/p][/quote]I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he. afcb-mark
  • Score: 67

7:50am Wed 19 Feb 14

user_name says...

Does she still have contact with him? Who would? In which case doesn't that make his appeal pointless. It's more likely that our prisons are easier than in Italy. Another case of the Convention of Human Rights being used by low life's to get what they want.
Does she still have contact with him? Who would? In which case doesn't that make his appeal pointless. It's more likely that our prisons are easier than in Italy. Another case of the Convention of Human Rights being used by low life's to get what they want. user_name
  • Score: 32

8:23am Wed 19 Feb 14

justsayithowitis says...

It's disgusting that this vile piece of scum thinks he should have any human rights when he hasn't acted like a human. The poor children who found their mother had their human rights to a family life taken away in the worst way possible. Get rid of this evil piece of scum now
It's disgusting that this vile piece of scum thinks he should have any human rights when he hasn't acted like a human. The poor children who found their mother had their human rights to a family life taken away in the worst way possible. Get rid of this evil piece of scum now justsayithowitis
  • Score: 48

8:30am Wed 19 Feb 14

TheDistrict says...

I was under the impression if a foreigner was charged under British Law, he lost his or her right to remain in this country, and was deported on the grounds of his or her conviction. Personally, the brutal barsteward should have been hanged, but thats another issue.

I am a firm believer that if you are imprisoned you lose your rights, as in this case the right to a family life. The Children of Helen Bartlett do not have a family life without their mother.

Rot you scum, in an Italian prison.
I was under the impression if a foreigner was charged under British Law, he lost his or her right to remain in this country, and was deported on the grounds of his or her conviction. Personally, the brutal barsteward should have been hanged, but thats another issue. I am a firm believer that if you are imprisoned you lose your rights, as in this case the right to a family life. The Children of Helen Bartlett do not have a family life without their mother. Rot you scum, in an Italian prison. TheDistrict
  • Score: 36

8:35am Wed 19 Feb 14

Frank28 says...

Some people go to extraordinary lengths to avoid justice! Italy is an EU country. Restivo is not being deported to some third world country to be tortured. Britain should rid itself of foreign criminals as soon as possible.
Some people go to extraordinary lengths to avoid justice! Italy is an EU country. Restivo is not being deported to some third world country to be tortured. Britain should rid itself of foreign criminals as soon as possible. Frank28
  • Score: 33

9:34am Wed 19 Feb 14

60plus says...

He gave up his right to family life when he murdered Heather,send him back it will save the country a lot of money and maybe give her family some closure ,he might not have a easy time of it in jail over there he did murder one of theirs,
He gave up his right to family life when he murdered Heather,send him back it will save the country a lot of money and maybe give her family some closure ,he might not have a easy time of it in jail over there he did murder one of theirs, 60plus
  • Score: 20

9:58am Wed 19 Feb 14

High Treason says...

The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live.
The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live. High Treason
  • Score: 17

12:09pm Wed 19 Feb 14

bosco1 says...

No question should have been shoved out on the day the courts convicted him.This country is at fault **** footing around this human rights rubbish.The quicker they bring in life means life in prison, although I doubt this will ever happen Human Rights will again kick in..Non british convicted in our courts should be automatic deport, why should we keep them at our costs !! An old saying you do the crime you do the time, but please not at our expense.!
No question should have been shoved out on the day the courts convicted him.This country is at fault **** footing around this human rights rubbish.The quicker they bring in life means life in prison, although I doubt this will ever happen Human Rights will again kick in..Non british convicted in our courts should be automatic deport, why should we keep them at our costs !! An old saying you do the crime you do the time, but please not at our expense.! bosco1
  • Score: 12

1:10pm Wed 19 Feb 14

Kiki1973 says...

Sorry, no. YOu broke the rules, you're out of the club. Off you pop.
Sorry, no. YOu broke the rules, you're out of the club. Off you pop. Kiki1973
  • Score: 4

2:12pm Wed 19 Feb 14

ASM says...

The evil scum should rot in hell and have no rights on this planet. I remember the echo linking him to another tragic and evil murder.
So sad this story, probably the worse I have heard about in Bournemouth, with the children.
RIP poor women.
The evil scum should rot in hell and have no rights on this planet. I remember the echo linking him to another tragic and evil murder. So sad this story, probably the worse I have heard about in Bournemouth, with the children. RIP poor women. ASM
  • Score: 5

2:32pm Wed 19 Feb 14

royeveleigh says...

I really don't think people quite understand how easy it is for foreign nationals to commit crime in this country then claim 'asylum' or 'the right to stay' from prison thus delaying or preventing their deportation. It is common practice for foreign nationals to do this. Timed correctly a foreign national can be released from prison into the community without having completed their sentence purely because they have made an application. Danilo Restivo knows he will suffer greatly if he returns to Italy and will do anything he can to stay here. Perhaps we should pass the hat around and raise enough to pay for his wifes airfare and be rid of them both.
I really don't think people quite understand how easy it is for foreign nationals to commit crime in this country then claim 'asylum' or 'the right to stay' from prison thus delaying or preventing their deportation. It is common practice for foreign nationals to do this. Timed correctly a foreign national can be released from prison into the community without having completed their sentence purely because they have made an application. Danilo Restivo knows he will suffer greatly if he returns to Italy and will do anything he can to stay here. Perhaps we should pass the hat around and raise enough to pay for his wifes airfare and be rid of them both. royeveleigh
  • Score: 7

3:49pm Wed 19 Feb 14

nothingtofear says...

afcb-mark wrote:
kalebmoledirt wrote:
Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created
I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he.
@kalebmoledirt & afcb-mark. As I understand it, his wife doesn't believe that he committed this vile crime so she doesn't have an issue with being able to look out of her window and see the house where it took place. I agree with you both though, get shot of the pair of them back to Italy.
[quote][p][bold]afcb-mark[/bold] wrote: [quote][p][bold]kalebmoledirt[/bold] wrote: Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created[/p][/quote]I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he.[/p][/quote]@kalebmoledirt & afcb-mark. As I understand it, his wife doesn't believe that he committed this vile crime so she doesn't have an issue with being able to look out of her window and see the house where it took place. I agree with you both though, get shot of the pair of them back to Italy. nothingtofear
  • Score: 5

6:17pm Wed 19 Feb 14

Ralph Horris says...

I can't help hoping that he lives to be one hundred and ten, that every day seems like a month and every month feels like a year and that he never sees the light of day again.
Put all the tax I will pay throughout my working life towards the two million pounds it will cost to keep him locked up.
I can't help hoping that he lives to be one hundred and ten, that every day seems like a month and every month feels like a year and that he never sees the light of day again. Put all the tax I will pay throughout my working life towards the two million pounds it will cost to keep him locked up. Ralph Horris
  • Score: 2

8:02pm Wed 19 Feb 14

kalebmoledirt says...

nothingtofear wrote:
afcb-mark wrote:
kalebmoledirt wrote:
Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created
I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he.
@kalebmoledirt & afcb-mark. As I understand it, his wife doesn't believe that he committed this vile crime so she doesn't have an issue with being able to look out of her window and see the house where it took place. I agree with you both though, get shot of the pair of them back to Italy.
STOP ,I do want any part of bullying a woman,she is not guilty,she is a victim of the monster give her support.It's nice being nice
[quote][p][bold]nothingtofear[/bold] wrote: [quote][p][bold]afcb-mark[/bold] wrote: [quote][p][bold]kalebmoledirt[/bold] wrote: Would have been better to mention that his wife is Italian so no problem with her following him home ,can,t imagine her staying in the same town as the two orphans the he created[/p][/quote]I can't believe she still lives in the same house. Every time she looks out of the window she can see the house where her evil husband committed his awful crime, that in itself is warped. Kick him out and his family with him and give those poor kids some sort of closure. He wasn't concerned about their right to a family life was he.[/p][/quote]@kalebmoledirt & afcb-mark. As I understand it, his wife doesn't believe that he committed this vile crime so she doesn't have an issue with being able to look out of her window and see the house where it took place. I agree with you both though, get shot of the pair of them back to Italy.[/p][/quote]STOP ,I do want any part of bullying a woman,she is not guilty,she is a victim of the monster give her support.It's nice being nice kalebmoledirt
  • Score: -3

8:14pm Wed 19 Feb 14

sundaydriver says...

Another peach of an individual - how does society let wasters like this get away with so much?
Another peach of an individual - how does society let wasters like this get away with so much? sundaydriver
  • Score: 1

8:39pm Wed 19 Feb 14

Turtlebay says...

Hey Restivo, you have no right to family life since you murdered another mother yourself. You had no compassion for her family life, now see hiow it feels in an Italian jail!
Hey Restivo, you have no right to family life since you murdered another mother yourself. You had no compassion for her family life, now see hiow it feels in an Italian jail! Turtlebay
  • Score: 2

3:28am Thu 20 Feb 14

Bob49 says...

High Treason wrote:
The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live.
what a load of ill informed drivel

this law has NOTHING to do with the EU in any shape or form

if the 'hedgehog flavoured cucumber' loons actually understood what the European Convention on Human Rights is and where it came from then we maybe spared these endless idiotics bleats from the mouth frothing daily mailers

but sadly ,like Orwell's sheep in Anmal Farm, these numpties will continue to bleat out what they are told - after all what would the daily mail do if folk started to inform themselves instead of bleating out what they are told to bleat ?

after all, it's not as if there is some ready to hand, freely available resource to check all this stuff is there ?
[quote][p][bold]High Treason[/bold] wrote: The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live.[/p][/quote]what a load of ill informed drivel this law has NOTHING to do with the EU in any shape or form if the 'hedgehog flavoured cucumber' loons actually understood what the European Convention on Human Rights is and where it came from then we maybe spared these endless idiotics bleats from the mouth frothing daily mailers but sadly ,like Orwell's sheep in Anmal Farm, these numpties will continue to bleat out what they are told - after all what would the daily mail do if folk started to inform themselves instead of bleating out what they are told to bleat ? after all, it's not as if there is some ready to hand, freely available resource to check all this stuff is there ? Bob49
  • Score: -1

10:38am Thu 20 Feb 14

Sir Beachy Head says...

I wonder if he's lost much weight since being in prison and on a daily calorie controlled amount of food.
I expect he's down to about 12 stone now. You'd probabaly not recognise him.
I wonder if he's lost much weight since being in prison and on a daily calorie controlled amount of food. I expect he's down to about 12 stone now. You'd probabaly not recognise him. Sir Beachy Head
  • Score: 0

12:54pm Thu 20 Feb 14

kalebmoledirt says...

Sir Beachy Head wrote:
I wonder if he's lost much weight since being in prison and on a daily calorie controlled amount of food.
I expect he's down to about 12 stone now. You'd probabaly not recognise him.
And your point is?
[quote][p][bold]Sir Beachy Head[/bold] wrote: I wonder if he's lost much weight since being in prison and on a daily calorie controlled amount of food. I expect he's down to about 12 stone now. You'd probabaly not recognise him.[/p][/quote]And your point is? kalebmoledirt
  • Score: 2

2:21pm Thu 20 Feb 14

Bob49 says...

High Treason wrote:
The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live.
The Human Right's law is NOT EU law

There is NO right right to conjugal visist un the UK nor are they allowed in any shape or form.

The thing of concern is how many of these other daily mailers are out there and going to the pollsand voting on the basis of these lies ?
[quote][p][bold]High Treason[/bold] wrote: The UK under EU rule. His right to family life means he can have conjugal visits from his wife, nice cosy cell provided by the tax payers. If she becomes pregnant she can claim benefits for the child. I think he should be hung, evil like him do not deserve to live.[/p][/quote]The Human Right's law is NOT EU law There is NO right right to conjugal visist un the UK nor are they allowed in any shape or form. The thing of concern is how many of these other daily mailers are out there and going to the pollsand voting on the basis of these lies ? Bob49
  • Score: -1

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