Friday was the sensational news that the police have charged against a man in his 50s, for the murder of Birgitte Tengs on Karmøy in 1995. The accused is also suspected of being behind it the murder of Tina Jørgensen in Stavanger, five years later.
Shortly after the police issued the indictment, lawyer Arvid Sjødin demanded that his client, Birgitte Tengs’ cousin, his case resumed.
– Whether they have now taken the right killer or not, the future will show, but the cousin is just as innocent no matter what, says lawyer Bent Endresen, who also represents the cousin.
– PROVIDES SUPPORT: Professor at the Faculty of Law at UiO, Mads Andenæs. Photo: Truls Aagedal / TV 2
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The lawyers now receive support from one of the country’s foremost legal experts, Professor Mads Andenæs at the University of Oslo.
– This verdict is contrary to the European Convention on Human Rights, and the judicial system must give him redress. There are many ways it can happen – for example by a sentencing judgment, which makes it clear that there is no legal basis for accusing him of anything, Andenæs says.
Obsolete
The cousin was convicted of the murder in 1997, before he appealed and was acquitted in the Court of Appeal.
Nevertheless, he was sentenced to pay compensation to Tengs’ parents.
Although the claim for damages was later removed, the civil judgment has been upheld. The Disputes Act does not allow cases to be reopened after a certain period of time.
Thus, the sentence will stand, even if an indictment is issued that leads to a verdict against the man who is now charged.
– CLAIM THEY REMOVED: Cousin’s lawyer, Bent Endresen. Photo: Oskar Hammer Garrod / TV 2
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– It goes without saying that it is a completely hopeless and impossible situation for a legal society, says Endresen.
– Toskete
Andenæs agrees. He believes the law has not “passed the test of time”.
– The cousin is entitled to redress, and it does not matter if the statute of limitations comes into play, the professor says.
He thinks it now appears as if the cousin only nearly has been acquitted, and that a change in the law may be necessary.
– It is a stupid Norwegian compromise, and it is easy to see that it is simply a stupid scheme – which we just have to revise and probably take out completely.
The accused live in a residential area – neighbors shaken after the arrest
– A case before the courts
TV 2 has asked the Ministry of Justice if they want to comment on the case.
The press officer in the ministry replies that they do not want to be interviewed, because they believe this is a case for the courts.
The public prosecutor has not responded to TV 2’s inquiries.
Lawyer Endresen, for his part, believes that one does not necessarily have to go as far as changing the law.
– But time will tell. I do not think so, because the court should be able to correct mistakes that have been made, he says.
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