– It will often be difficult to overturn a judgment from the district court because the case is usually very thoroughly investigated, says district judge Rune Bård Hansen. He is also a member of the judges’ media group. On 6 February this year, 52-year-old Johny Vassbakk was sentenced to 17 years in prison for the murder of Birgitte Tengs in 1995. Vassbakk has always denied having anything to do with the 28-year-old’s murder, and he therefore naturally appealed the sentence. The case starts in the Gulating Court of Appeal on 5 September. news has gone through all murder convictions that have been appealed to the courts of appeal in Norway from 2015. Then a new criminal law came into force. The cases that have been reviewed are according to Section 275 of the Criminal Code. Attempted murder is not included. We have only looked at cases where the question of guilt has been appealed. – The evidence requirement is taken seriously The question of guilt has been appealed in 47 murder convictions since 2015. In three of these, the convict has been acquitted. Law professor Alf Petter Høgberg at the University of Oslo (UiO) believes the figures show that the strict requirement of evidence in criminal law is taken seriously in the district courts. At the same time, they can be interpreted in other ways: – They are compatible with a claim that there must be overwhelming evidence in order to be convicted. But the figures are also compatible with a claim that the first instance’s position leaves too strong an impression, says Høgberg to news. Law professor Alf Petter Høgberg at the University of Oslo (UiO). Photo: UiO He agrees with lower court judge Rune Bård Hansen that it will take a lot to overturn a murder conviction from the district court. – When guilt is considered proven beyond reasonable doubt by the first instance, it obviously takes a lot to reverse this impression for another instance, he says. – What is needed? – There can be various things that can equally change the evidence situation. For example, new witnesses appear. Or it turns out that evidence has been examined in an unsustainable way, says Høgberg. – Quality mark Team judge Rune Bård Hansen in the judges’ media group believes that Norway usually has a thorough and good investigation of murder cases. – It can be a sign of quality that it is relatively rare for someone who has been convicted in the District Court to be acquitted in the Court of Appeal, he says. Hansen believes it would have been disturbing if many were acquitted in the Court of Appeal. – It could indicate that many cases in the district court were judged on too thin evidence, says the district judge. He is nevertheless happy that some judgments are overturned. Team referee Rune Bård Hansen in the referees’ media group. Photo: Aina Indreiten / news – If no one had been acquitted after being convicted of murder in the district court, I would also have found it disturbing, says Hansen. He says that new evidence may appear along the way that the district court has not been able to decide on. In addition, evidence may be assessed differently by a court of appeal than a district court. Wanting acquittal Johny Vassbakk’s defender, Stian Kristensen, does not want to comment on the figures news has found. But he believes the Tengs case is very special. This is because it is a 28-year-old case. – Unfortunately, the evidence situation is completely different than it would have been in a more recent case, says Kristensen. He nevertheless has full confidence that the judges in the Court of Appeal will assess the appeal and the question of guilt based on the evidence presented in court. – This is the DNA evidence you have. And then the question is how to read and interpret it, says the defender. Johnny Vassbakk’s defender, Stian Kristensen. Photo: Marthe Synnøve Johannessen / news Vassbakk’s DNA was found on the tights of Birgitte Tengs. The defense cast doubt on the DNA evidence. They also did so in the district court. Now they have brought in a new expert for the Court of Appeal. – Does your client believe in a full acquittal? – Ever since his arrest, he has said that he is innocent. He says he has nothing to do with this, and he has great faith that he will be acquitted in the Court of Appeal, says Kristensen.
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Appealing the question of guilt in murder convictions rarely leads to success – news Rogaland – Local news, TV and radio
