A MAN accused of the rape and killing of a former Altinkum expat has claimed he was with a British family on the night of the murder.

Ivan Nikolov (40), made the alibi claim when he appeared before an Appeals Court in Bulgaria, on Thursday (Aug 14) to appeal against a lower criminal court ruling to be released from prison remand. Judges ultimately rejected the appeal and he was remanded in custody.

Nikolov, a grape picker, is charged with the rape and murder of Jan Bennett in the village of Malomir, in the region of Yambol, Bulgaria, where she had recently settled with her husband Nick.

Mrs Bennett never returned home on the night of July 30 and her body was found the next day 200 metres from her home. She had been raped, murdered, and an attempt had been made to burn the body. An autopsy suggested she died from a blow to the back of the head.

At the Appeals Court in Burgas, on Thursday (Aug 14), judges rejected Nikolov’s appeal to be released from prison remand.

During the court appearance, prosecutors said that new expert DNA and biological traces – hinging on DNA found under the fingernails of the accused and the victim – were being studied as part of the ongoing investigation into the murder.

The court was told that a pair of gray shorts were found hanging from a tree branch near the scene with a drop of blood on them. DNA samples from them pointed to them being Nikolov’s.

The accused accepted they were his, but said they were ripped during grape picking and were discarded, along with a pair of black boxers.

The black boxers were found near the body, but a DNA sample taken from the clothing proved negative. However, prosecutors said more DNA sampling was being carried out on the underwear.

Nikolov’s lawyer Anelia Dimitrova told the court that it was unexplainable for someone to commit murder, leave their underwear by the body and leave the scene naked.

She said that Mrs Bennett was said to have been walking her dogs at the time of the incident, but no witnesses had come forward hearing the dogs barking.

She told the court that Nikolov had no tell-tale burns or bites on his body and stressed he had an alibi for the evening on 30 July.

Nikolov said he first went to the home of another British family, then later had a few beers with an acquaintance and fell asleep.

Nikolov, who maintains his innocence, saying he did not know the victim and had never contacted her. He added: “I am ready to cooperate fully with the investigating authorities to identify and prove the truth.”

Nikolov’s lawyer requested Nikolov’s release from remand by pointing out that the definition of Yambol District Court was unlawful and unjustified. She said there was no evidence linking the defendant to the crimes and the DNA findings were contradictory.

In closing arguments, a representative of the Burgas Appellate Prosecutor’s Office opposed the request, saying Nikolov had pleaded guilty previously to a series of petty crimes, ranging from theft to drunkeness, over the last 10 years.

They added there was sufficient evidence from which it can reasonably be assumed that he committed the crimes against Mrs Bennett.

The Burgas Court, in remanding him in custody, concluded that although the investigation is in its infancy, the court finds proper opinion of the first instance that the collected evidence leading to numerous presumption that the accused has committed crimes – rape and murder.

Leading motive for the court to validate the definition of first instance is prepared DNA expertise found on items whose conclusion indicates cellular material from the accused and the victim.

The court accepted there is a real danger of Ivanov absconding or committing an offense.

He was remanded in custody.