For over 24 years, Birgitte Tengs’ cousin fought against the compensation verdict. Now the battle may be over, but it’s actually too late.
- Anne Sofie Mengaaen Åsgard
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Updated only now
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In 1998, Birgitte Tengs’ cousin was acquitted of the murder but sentenced to pay compensation. Several times in the past, her cousin has asked for the reopening of the compensation procedure, but has been rejected.
After a man in his fifties became arrested and accused for the fall 2021 murder, the cousin filed a petition for the case to be reopened.
– There is no one in Norway who would claim that two different people should be convicted of the same crime, says cousin’s advocate, Arvid Sjødin.
If the verdict is upheld, two people could be held responsible for the murder. Both the cousin and the man in his fifties.
Getting the reopening of the damages judgment is still far from being a simple process.
In fact, it is too late. The deadline expired 14 years ago.
The court speaks to the parties
There is also no automatism in the fact that the cousin’s compensation sentence disappears if the man in his fifties, accused of the murder of Birgitte Tengs, is prosecuted or convicted.
– There is no formal and direct link between the pending criminal case and our handling of the civil case, says the first in charge of the Agder Court of Appeal, Dag Bugge Nordén.
Nordén now confirms that the court is in dialogue with the cousin’s defense attorney and with the parental advocate.
– We evaluate what are the appropriate progress in the case with the understanding of the parts, continues the first in command.
Assistance attorney Jon Christian Elden says they are waiting for the situation.
– The parents have neither joined nor opposed the petition, because it is too early to have an opinion on the matter before the case against the defendant is decided, he says.
Defender Arvid Sjødin hopes for a quick solution.
– We have had contact with the court, but we have not yet been able to resolve it. I believe this will be resolved in October, says the cousin’s defender.
Professor of law: Hole in the system
There is still a big hurdle related to the 1998 compensation ruling. In the Disputes Act, the deadline for reopening cases is 10 years, absolutely.
– After 10 years, it will not be possible to reopen the case, says Maria Astrup Hjort, a professor at the University of Oslo.
It receives support from Professor Magne Strandberg of the University of Bergen.
– The term in the Dispute Law itself applies without exception, he says.
Hjort points out that the Disputes Act does not take into account the kind of situation the cousin is in now, i.e. situations where the award of compensation results from a criminal case.
– Today there is a hole in the system, continues Hjort.