The court also ruled that it would not be "grossly disproportionate" for Harkins to be given a mandatory life sentence.

BBC: Phillip Harkins

"We don't want him to be given practically a life sentence of catching an illness during his confinement even if he is found innocent, which we are confident he will be, " he said.

BBC: Ex-BBC reporter Vugar Khalilov held in Kyrgyzstan

Restivo was given a whole life sentence - meaning he would never be released - but this was overturned after an appeal last year and reduced to a life term with a minimum term of 40 years before being eligible for parole.

BBC: Danilo Restivo to go to Italy for murder appeal