Convicted murderer Omar Benguit loses appeal over killing of student Jong-Ok Shin

UPDATE: Omar Benguit loses appeal to overturn murder conviction

Omar Benguit loses appeal to overturn murder conviction

Omar Benguit loses appeal to overturn murder conviction

First published in News
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CONVICTED killer Omar Benguit’s claim that his victim was actually murdered by notorious Danilo Restivo was rejected by judges today.

Benguit, 41, was jailed for a minimum of 20 years at Winchester Crown Court in 2005 after being convicted of killing Jong-Ok Shin in Bournemouth on July 12, 2002.

At a hearing at the Court of Appeal on March 25, his lawyers argued that fresh evidence rendered the conviction unsafe, as a key witness had been demonstrated as unreliable, and the murder bore the hallmarks of Restivo whose crimes came to light after Benguit was jailed.

However, judges dismissed his claim today, explaining their decision in a written judgement.

They said: “The differences between the murders of Elisa Clapps and Mrs Barnett (Restivo’s victims), as compared to that of Miss Shin, do not persuade us that Restivo should be regarded as arguably a candidate for the latter.”

They said had Restivo been charged or convicted for those murders at the time of Benguit’s trial then it would have proceeded differently, however they did not believe a different verdict “would realistically have been in contemplation”.

Also, the judges said it was clear the witness had “undoubtedly exaggerated” her accounts to police before the trial, to the jury during the trial, and to the police again when it emerged she had given a different account of the incident in the media subsequently.

They added: “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.”

They said there was nevertheless “significant circumstantial support” for her account from other witnesses.

“He carried a knife. A witness 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.”

Lady Justice Rafferty, Mr Justice Cranston and Mr Justice Stewart concluded: “Thus, for all the reasons given, we dismiss this appeal and reject the application for leave.”

Comments (7)

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2:28pm Wed 9 Apr 14

pete woodley says...

JUSTICE IS SERVED FOR ONCE.
JUSTICE IS SERVED FOR ONCE. pete woodley
  • Score: 8

2:43pm Wed 9 Apr 14

contric says...

justice is served if you believe in soft sentences he should never be freed as promised when they abolished capital punishment
justice is served if you believe in soft sentences he should never be freed as promised when they abolished capital punishment contric
  • Score: 2

2:43pm Wed 9 Apr 14

contric says...

justice is served if you believe in soft sentences he should never be freed as promised when they abolished capital punishment
justice is served if you believe in soft sentences he should never be freed as promised when they abolished capital punishment contric
  • Score: 0

5:37pm Wed 9 Apr 14

BIGTONE says...

He can look on the bright side.....he's almost done half of the recommended minimum term before considered parole.
He can look on the bright side.....he's almost done half of the recommended minimum term before considered parole. BIGTONE
  • Score: -1

6:53pm Wed 9 Apr 14

Controversial But True says...

I knew a couple of Boscombe coppers (in the days before this government replaced them with PCSO's and a silly tardis), and they dealt with this animal many times. Apparently he is a really nasty piece of work and more than capable of doing what he did.

Someone throw away the key!!
I knew a couple of Boscombe coppers (in the days before this government replaced them with PCSO's and a silly tardis), and they dealt with this animal many times. Apparently he is a really nasty piece of work and more than capable of doing what he did. Someone throw away the key!! Controversial But True
  • Score: 7

8:04pm Thu 10 Apr 14

Utah1975 says...

anyone who knows, or knew this 'lifetime criminal drug addict, Fish' will honestly say, even himself... prison is where it should be.

I remember the lunatic's mother threw him out of her house, and to get revenge, burgled her moments after she left for work one morning around 1992 and sold her things for his cannabis & LSD addiction.

evil since the early 90's
anyone who knows, or knew this 'lifetime criminal drug addict, Fish' will honestly say, even himself... prison is where it should be. I remember the lunatic's mother threw him out of her house, and to get revenge, burgled her moments after she left for work one morning around 1992 and sold her things for his cannabis & LSD addiction. evil since the early 90's Utah1975
  • Score: 2

12:37am Sat 12 Apr 14

mirage 124 says...

First he had 3 retrails never ever happened in this country no murder weapon was found no DNA NO FORENSIC EVIDENCE THIS PERSON WAS FRAMED THIS IS BIG MICARRIAGE OF JUSTICE
First he had 3 retrails never ever happened in this country no murder weapon was found no DNA NO FORENSIC EVIDENCE THIS PERSON WAS FRAMED THIS IS BIG MICARRIAGE OF JUSTICE mirage 124
  • Score: 0

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