Kostov, R. v

A renewed application for leave to appeal against conviction should be refused where the proposed grounds amount to jury points already rejected at a fair trial, and disclose no material irregularity, defective direction, failure of representation, or other arguable basis for finding the conviction unsafe. A defendant’s continued assertion of innocence and alternative explanations for the evidence do not themselves establish that a conviction is unsafe.

The applicant was convicted at Exeter Crown Court of the murder of his former partner and sentenced to life imprisonment with a minimum term of 19 years. The prosecution case was circumstantial. It included evidence of prior violence, possession and use of the deceased’s telephone after she disappeared, blood and fibre evidence, CCTV showing the applicant carrying a heavy suitcase, and an internet search concerning decomposition.

Trial counsel advised that there were no arguable grounds of appeal. The single judge refused leave. On renewal before the Court of Appeal, the applicant repeated complaints about his representation, the investigation of possible witnesses and other suspects, his opportunity to give evidence, and the conduct and fairness of the trial. The central issue was whether any proposed ground arguably rendered the conviction unsafe.

1. The renewed application was refused. The court independently considered the original and additional grounds, and agreed with the single judge’s reasons for refusing leave.

2. The trial transcript showed that the judge gave correct legal directions and fairly and evenly summarised the evidence. There was no material irregularity in the conduct of the trial. The applicant’s complaint that he could not present his case was contradicted by the record: he gave evidence and was specifically given an opportunity at its conclusion to say what he wished.

3. The responses obtained after waiver of legal professional privilege showed that the applicant had been properly represented. They also showed that he had chosen not to follow sensible advice from his legal team. The complaints about witnesses in Bulgaria and the conduct of the defence therefore disclosed no arguable defect in representation.

4. The remaining complaints were jury points advanced in support of an account rejected by the jury. They did not identify an arguable basis for challenging the safety of the conviction. The circumstantial evidence against the applicant was compelling, and his continued assertion of innocence and suggested alternative perpetrators did not undermine the verdict.

• Court of Appeal (Criminal Division): renewed application for leave to appeal against conviction refused in [2018] EWCA Crim 2892.

• Single judge, Court of Appeal: application for leave to appeal against conviction refused.

• Crown Court at Exeter: applicant convicted of murder on 19 May 2017 and sentenced to life imprisonment with a minimum term of 19 years.