The Court of Appeal has rejected the imprisonment appeal of the 20-year-old Briton, who is charged with the murder and complicity in the murder of Kjetil Andre Østhus on the night of New Year’s Day.
On the other hand, they say that the 23-year-old Norwegian, who is also charged with murder and complicity in murder, will receive shorter custody.
In the ruling, the Court of Appeal writes that 28-year-old Kjetil Andre Østhus, with overwhelming probability, was killed after a conflict over fireworks.
According to the Court of Appeal, the conflict must have been that the two accused men in their 20s did not want Østhus and his group of friends to fire ground fireworks near one of the two accused’s cars.
They then allegedly ripped a battery of fireworks out of the hands of one of the victim’s friends, and threw it on the grass behind a car.
The stabbing must have taken place in connection with this battery being picked up.
The Court of Appeal believes that it is the 20-year-old Briton who allegedly stabbed Østhus to death.
At the same time, they assume that the 23-year-old cannot with good reason be suspected of having deliberately committed the actual act of murder.
Must have brought several knives with him
According to the court’s ruling, there is several pieces of evidence to support that both the two accused men must have been active in this conflict. The 20-year-old Briton is said to have brought with him several knives that he showed during the conflict.
One of these should be stated to have 10-15 centimeters long leaves and had a clear ability to kill, the Court of Appeal writes.
The 20-year-old will be remanded in custody with a letter, visitation and media ban for four weeks, while the 23-year-old will be remanded in custody for two weeks with the same restrictions
It was Kjetil Andre Østhus from Karmøy who was killed in Haugesund the night before New Year’s Day. Two people are charged with the murder.
Photo: private
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Denies criminal guilt
Both the British 20-year-old and the Norwegian 23-year-old deny criminal guilt.
The 20-year-old’s defender, Helene Haugland, has previously told NRK that her client has nothing to do with this case at all.
– I have no comments on the ruling other than that my client has been informed about it. He has not changed his explanation, says Haugland.
The 23-year-old has admitted to being present when the murder took place, but has according to defender Ben Einar Grindhaug explained that he had no responsibility for the incident.
The police informed earlier Friday Aftenbladet that 28-year-old Kjetil Andre Østhus was fatally injured by one stab wound on New Year’s Day.
According to the newspaper, the 28-year-old has been autopsied this week, and the police have received a preliminary autopsy report.
According to the report, the deceased must have been injured with a knife or other, similarly sharp object.
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