No retrial for cleared boyfriend

Ms Garsztka's body was found six weeks after she vanished

A man who had a murder conviction for killing his Polish girlfriend in 2007 quashed has been told he will not face a retrial.

In February the Court of Appeal quashed the conviction of Amilton Bento for the murder of Kamila Garsztka in Bedford.

The Appeal Court's Lord Chief Justice, Lord Judge, said new evidence cast such a doubt on the safety of Bento's conviction that it had to be quashed.

Now the Crown Prosecution Service (CPS) has said there will be no retrial.

Mr Bento's solicitor Peter Hughman said: "I am delighted at the decision, but I am sad the decision wasn't taken before the first trial."

Core evidence

He said his client was "quite emotional about the whole thing - it has been a huge ordeal for him".

The CPS said: "The decision not to proceed with the retrial, following the quashing of Mr Bento's conviction in February by the Court of Appeal, was based on a re-evaluation of a core piece of evidence in the case, namely CCTV footage.

Bento was ordered to serve a minimum term of 14 years

"[A] bag was found in Mr Bento's apartment and it was the prosecution case that Mr Bento had killed Ms Garsztka and returned the bag to the apartment himself.

"Mr Bento's new defence team applied to the Court of Appeal to stage a reconstruction using the same cameras and under the same conditions as the original recording.

"The reconstruction took place in December 2008 with the co-operation of the CPS and police.

"Further expert analysis of the original recording and the reconstruction was requested by both the CPS and the defence team.

"There was no consensus among the experts about whether the recordings showed if Ms Garsztka was or was not carrying a bag."

A further report was also inconclusive.

"After consideration of the latest report, the CPS decided not to proceed with a retrial as there was no longer a realistic prospect of conviction in this case," said a CPS spokesman.

Ms Garsztka's body was found floating in a Bedford lake in 2006.

Mr Bento, 29, of Rutland Road, Bedford, was jailed for life in 2007 for the murder of Ms Garsztka, who was 26.

Bedfordshire Police said in a statement: "We are extremely disappointed on behalf of Kamila's family, for whom this re-opens a devastating chapter in their lives.

"The police conducted the most thorough and ethical investigation in this case and did their utmost to secure justice for the family.

"As with all unresolved murder investigations this case will not be closed and will be continually kept under review in an effort to discover new evidence and build a stronger case."