UK - Libby Squire, 21, last seen outside Welly club, Hull, 31 Jan 2019 #20

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I can't work out if all 7 points have to be met, or just one of them. (I can't remember the negative comments PR has made about Libby's character though?)

edited: sorry, I misread you post. You said 'if' PR has made...
No, you don't need all 7 points to be met. IMO the bad character evidence has been allowed because of propensity.

One of the most radical departures from the common law was to permit evidence of propensity to be used as probative of an issue in the case. Section 103(1) provides that matters in issue between the defendant and the prosecution include –

  1. the question whether the defendant has a propensity to commit offences of the kind with which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence;
  2. the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant’s case is untruthful in any respect.
From the same link as above:
Bad Character Evidence | The Crown Prosecution Service
 
Perhaps someone legal could answer but could it be that the judge has to allow it as admissable? The defence may have objected but it is relevant. It shows a man that has been offending for a while for starters. One who likes to terrorise women. One who wouldn't try to kindly take a crying girl home.

it is a very long time since I studied this - so this is only a general overview


Evidence of bad character IIRC is typically not allowed unless the defence opens the door to it via its own evidence (e.g good character)

The Rule against Similar Fact evidence. Typically similar fact evidence is not allowed due to the dangers of propensity reasoning. In other words, the accused probably did this because he is the type of person who would rape and murder a girl. This is a logical fallacy.

However, where similar fact or prior offending is specifically relevant, it may be admitted.

IMO in this case, the judge likely allowed the evidence for the following reasons

1. His lurking and stalking is material to his reasons for being in the area that night. For instance if he was in the area for innocent reasons (he says running) that is critical to motive. But the other crimes show he was routinely lurking, stalking, and offending in the area - that goes to motive and should be allowed so the prosecution may demonstrate that he was in the streets that night looking for opportunities for sex crimes.

2. Seemingly masturbating in the street after the murder - again typical of his established MO. Relevant to disproving the accused's police statement.

3. Sexual assault - his long track record indicates an MO of lurking in the area to commit sex crimes, where women felt in danger.

I am sure the defence argued that the prior offending was all of a voyeuristic, exhibitionist type, with no sexual assaults, but I believe it is also the case that the breaking and entering type of offender, often graduates to rape.
 
Here's a summary:
“In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if

  1. all parties to the proceedings agree to the evidence being admissible;
  2. the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross examination and intended to elicit it;
  3. it is important explanatory evidence;
  4. it is relevant to an important matter in issue between the defendant and the prosecution;
  5. it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant;
  6. it is evidence to correct a false impression given by the defendant; or
  7. the defendant has made an attack on another person’s character.

    Bad Character Evidence | The Crown Prosecution Service

It is admissible under 3, 4 and 6
 
14:18
'Relowicz's face was just inches from my window'
A woman has recalled the details of the moment she saw Relowicz's face just inches from her window and she was getting changed after a shower in February 2018.

She said: "I arrived home from work at 11.05pm and took a quick shower. My bedroom had a bay window. When I got undressed I walked over to put my towel over to go to the shower.”

The woman said she got out, changed and when she turned her light off she saw a “shadow” and “the side of a man’s face just inches from the window.

Libby Squire trial live: Expert on her chances of surviving in river
 
14:19
'I recognised him as the same man'
The woman continued: "I got scared and I had my phone and sent a message to a chat my housemates were on and told them. I was scared, he kept looking at me.”

The woman said her friend ran downstairs and shouted out of the door and the man had gone to the end of the dead end street and when she tried to take a picture he “turned back around.”

She said: “He ran at us, passing through a wide gap to the side of us, shouting ‘*advertiser censored** off” at us."

The woman later recognised the man to be Relowicz.

Libby Squire trial live: Expert on her chances of surviving in river
 
14:25
Voyeurism in Beresford Avenue
In May 2018, a woman reported a man who had been looking through her bedroom window as she was changing.

She recalled getting changed while her friend was sat on her bed, when rustling was heard outside. The woman then looked through a gap in the curtain and saw a man looking through the window.

She said: "He was close up to [the window] and I looked at him for around 10 seconds. He did not move at all, he just stared back. He stepped to his right and I could just make out the side of him. He then stepped back into view staring into the room. He showed no expression."

Libby Squire trial live: Expert on her chances of surviving in river
 
14:28
Outraging public decency in Newland Avenue
On January 12, 2019 two friends were on their way home from Tofts when they saw a man on Alexandra Road, facing a wall.

One of the women said: “My first impression was that he was urinating. I turned and saw that his trousers were pulled to his thigh area and his penis was exposed. He then started to masturbate and he didn’t seem at all bothered. He continued to stare at me as I told my friend.”

Libby Squire trial live: Expert on her chances of surviving in river
 
14:28
Outraging public decency in Newland Avenue
On January 12, 2019 two friends were on their way home from Tofts when they saw a man on Alexandra Road, facing a wall.

One of the women said: “My first impression was that he was urinating. I turned and saw that his trousers were pulled to his thigh area and his penis was exposed. He then started to masturbate and he didn’t seem at all bothered. He continued to stare at me as I told my friend.”

Libby Squire trial live: Expert on her chances of surviving in river

Yeah - this guy was on the rails to more serious offending

He really didn't seem to care about getting caught - exhibitionism was part of it
 
Hugging a wall - Google Search

@LucyRocket this is what I imagine it is. I think he did this to avoid being seen by either libby or someone else . Its the comment about him standing facing the wall after attacking libby that im confused about. What the hell was he doing?!
Based on previous behaviour, and the condom found the day after full of his DNA, and his apparent hunt for said condom - they say he was masturbating.

It wasn't directly after the attack but a couple of hours later after his second visit to the park at high tide and the post park prowl around student housing that followed it.
 
14:30
Outraging public decency in Wellesley Avenue
On January 20, 2019, a woman reported seeing a man wearing a grey tracksuit sat a couple of metres away from her home.

She said: “I clearly saw him masturbating. He was looking at me. He never said anything to me or my friend, I told her we needed to get in the house.

“When I closed the door and went to the stairs I turned and saw him at the porch door. My mum came downstairs and asked who it was and I told her he followed us. I then saw him ejaculate over the door. He then left.”

Libby Squire trial live: Expert on her chances of surviving in river
 
14:34
Theft of pink holdall In Ventnor Street
All of the items in the pink holdall in Relowicz’s car were identified as belonging to the women living at the student house in Ventnor Street.

After returning from a night out in the early hours of the morning of January 26, a laptop was missing, a window had been damaged and there was a footprint on the windowsill.

A pink holdall was also missing, a knicker drawer had been opened, sex toys were missing and also personal photographs and condoms.

Another woman said her blue bag containing sex toys, condoms, her laptop and speaker were also stolen in the burglary.

Libby Squire trial live: Expert on her chances of surviving in river
 
Bad Character Evidence cannot be automatically entered into evidence, there has to be reason behind it. I would think the most likely reason in this trial is that either a) there is a correlation between his MO in the previous crimes to which he pleaded guilty, and this one, eg. the taking of knickers as a trophy or b) his defence is based on statements which can be proven untruths by his previous offending eg. he says he never could have hurt Libby as he thought of his wife and what if she were drunk and vulnerable like this. The previous crimes show that he had no concern for the vulnerability of women and protecting them from harm
 
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