Rephase.
He didn't pay the money back.
He wasn't in the process of paying the money back.
Yes, I know. That's exactly what I mean. The point is that, as far as I can see, there was no realistic basis for him to ask the judge to make an 'effective good character' direction to the jury.
Maybe the defence could have argued for excluding mention of the theft altogether, as it wasn't strictly relevant to establishing whether Jeremy actually committed the murders, but I think Rivlin, Q.C., would have been on stony ground with that sort of argument.