Italy date set for Restivo appeal

Danilo Restivo

Danilo Restivo

First published in News by

CONVICTED double killer Danilo Restivo is due to have his appeal case in Italy heard next month.

The Italian national, who is serving a life sentence for the murder of Bournemouth mum Heather Barnett, was convicted in his absence in 2011 of killing 16-year-old schoolgirl Elisa Claps in Potenza, Italy, 20 years ago.

He was handed a 30-year prison term by the Italian courts.

Elisa disappeared without trace after meeting Restivo at a church in Potenza on September 12, 1993.

Her mummified remains were discovered bricked up in the roof of the church in March 2010.

Now Restivo will have his appeal against conviction and sentence heard in Salerno on March 20.

The trial will be open to the public and Restivo’s lawyers have applied to have the 40-year-old temporarily transferred to Italy so he can attend the case in person.

Neither the Home Office nor Ministry of Justice said they were able to comment on Restivo’s case.

The temporary surrender process is governed under section 52 of the Extradition Act 2003 and, when considering an application, the UK would seek assurances from judicial authorities in the relevant country that the individual would be kept in secure custody. Restivo was found guilty in June 2011 of the murder of mum-of-two Heather Barnett in Capstone Road, Charminster, and given a whole-life prison sentence.

But in November 2012 judges at the Court of Appeal quashed the whole-life tariff following a European Courts of Justice ruling that such sentences can only be used in the most extreme of cases.

Restivo was instead given a life sentence with a 40-year minimum term. This is the earliest he would be eligible for parole.

During the Heather Barnett murder trial at Winchester Crown Court, the jury heard Restivo, who lived opposite in Chatsworth Road, attacked the 48-year-old in her home on November 12, 2002.

Comments (3)

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12:07pm Tue 26 Feb 13

The Renegade Master says...

This evil and pathetic killer should not even be alive to waste everyone's time with an appeal. He will never be released and everyone knows it. (No doubt during his appeal he will just enjoy the limelight and reliving his murders again.)
This evil and pathetic killer should not even be alive to waste everyone's time with an appeal. He will never be released and everyone knows it. (No doubt during his appeal he will just enjoy the limelight and reliving his murders again.) The Renegade Master
  • Score: 0

12:14pm Tue 26 Feb 13

Cerdicjute says...

This man is extremely dangerous and is linked to other murders in Southern France. The fact that he had a case to answer in Italy took so long to get to court because there were those willing to pull strings on his behalf. Sending him back to Italy would not be in the best interests of justice.
This man is extremely dangerous and is linked to other murders in Southern France. The fact that he had a case to answer in Italy took so long to get to court because there were those willing to pull strings on his behalf. Sending him back to Italy would not be in the best interests of justice. Cerdicjute
  • Score: 0

12:29pm Tue 26 Feb 13

s-pb2 says...

Its ridiculous that the life sentence was lifted because of the European Courts as they do not see the murders he committed as being extreme enough. Tell that to the families of Heather Barnett and Elisa Claps, or in fact anyone who has read the accounts of the murders that Restivo committed and tell me they were not extreme.
Its ridiculous that the life sentence was lifted because of the European Courts as they do not see the murders he committed as being extreme enough. Tell that to the families of Heather Barnett and Elisa Claps, or in fact anyone who has read the accounts of the murders that Restivo committed and tell me they were not extreme. s-pb2
  • Score: 0

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