The Minister of Justice says he feels great sympathy for the situation in which Birgitte Tengs’ cousin finds himself. However, he won’t apologize.
Updated only now
Now Justice Minister Emilie Enger Mehl will consider whether the law needs to be changed. It happens the next day Johny Vassbakk is accused for killing Birgitte Tengs.
– I think there is reason to look at the legislation which means that the cousin is stuck in the compensation judgment, the Minister of Justice tells VG.
He says he feels great sympathy for the situation in which his cousin and his family find themselves.
– It makes a very strong impression how this cousin has suffered a very great burden in so many years, says the Minister of Justice.
Vassbakk denies guilt and the case will go to court in a few weeks.
The term of 10 years without exception
A 10-year time limit in the Disputes Act means that Birgitte Tengs’ cousin cannot get rid of the compensation judgment, even if a new man has been charged with the murder.
For the cousin, the deadline for the reopening of the compensation procedure expired 14 years ago.
Although the cousin was acquitted of his cousin’s murder in the Court of Appeals, he was still sentenced to compensate Teng’s parents.
– I am concerned that we now properly examine this legislation and see if a change can be made that captures these few cases, continues Mehl, referring to his cousin’s situation.
– We discussed it
Many stressed the need for a change in the law.
And you interview with VG in early Septemberlaw professor Maria Hjort said there was a hole in the system.
The Justice Minister says it’s too early to say anything about what a possible change should look like, but confirms that it was a topic within his own ministry.
– We have already discussed in the ministry how this work can continue in the future, he says
You will not regret it
Both the Attorney General and the Chief of Police have subsequently he apologized to his cousin. The Minister of Justice will not.
– I appreciate that the Attorney General and the Director of Police have apologized and that several people in the justice sector have come out and done the same. I think that is correct, says the Minister of Justice.
– Why don’t you apologize on behalf of the Ministry of Justice?
– I believe that the police and the Attorney General are responsible for handling these cases and they apologized. That’s where it should be, Mehl continues.
– You still represent the highest authority, why don’t you want to apologize?
– I think it’s right that the police director and the attorney general do, and I’m glad they were at the beginning. Then I will do my part to be able to prevent such accidents in the future and learn from it, Mehl says.
It does not exclude retroactivity
In the event of a change in the law, a change in the law will normally not have retroactive effect. In other words, the law cannot be used to change old cases.
However, Mehl will not rule out anything.
– We do not have the answers now on how this can be organized and if it is possible to have an effect back in time. After all, this is a family that has been living with stress and uncertainty for many years and I don’t want to create expectations beyond what there is a basis for, says the Justice Minister.
– But does it not rule out that a change in the law may have retroactive effect?
– It is my desire to contribute what I can to do something for this family, Mehl continues and points out that the court’s treatment of her cousin is not something she can or should get into.
Fought for 24 years
For 24 years, the cousin worked to get rid of the compensation judgment
Jakob, the cousin’s father, has been defending his son for many years.
– There is a father who has been fighting for his son for 25 years. I can’t fix everything they’ve been through, but as a society we need to consider whether we can do something different in the future, Mehl says.
Several times the cousin asked for the case to be reopened, but he was refused. At the time of writing, an appeal is pending at the Agder Court of Appeal.
– The judicial process is ongoing independently of me and I do not know the outcome of this prosecution.
– We are close now. We have received strong signals in this regard. This judgment must be reversed, we will not give up until we succeed, says Jakob, the cousin’s father.
Working on a possible solution
The attorney working with the cousin’s reopening request at the Agder District Attorney’s Court had meetings with the cousin’s defense attorney and Teng’s parental assistance attorney.
On Monday, the Attorney General said he would now speak to the parties again.
– I will talk about the matter with the parties and talk with them about how it is appropriate and elaborate the matter further, said the judge of first appeal at the Court of Appeal of Agder, Dag Bugge Nordén to the VG.
– Jakob says he has received signals that an indictment will be important in order to be able to do something about the compensation verdict. It’s right?
– I do not wish to comment on the case beyond the fact that it was useful to obtain clarification on the issue of the allegations, said Bugge Nordén.
Get things
The objective of the Minister of Justice is now to see how the law can also cover those who will find themselves in the situation of their cousin in the future.
– There may be good reasons why compensation judgments are confirmed. It concerns, among other things, consideration of the parties’ ability to adapt, says Justice Minister Emilie Enger Mehl.
He points out that there are a limited number of cases where the limitation period becomes a problem.
– I want to go on from here, but I have to take the time to find out what leeway we have.
