The majority in the Gulating Court of Appeal acquitted Johny Vassbakk of the murder of Birgitte Tengs on Tuesday 5 December. At the same time, the police received harsh criticism from the judges. Vassbakk is thus a free man after two years in custody. Vassbakk’s defender, Stian Bråstein, says that a claim for compensation is in the nature of the case. Vassbakk’s defenders: Stian Bråstein followed by Stian Kristensen. Photo: Marthe Synnøve Johannessen / news – We have not made any assessments yet. First and foremost, the judgment must become legally binding. After that, a demand will be natural, says Bråstein. – On a general basis, elements of this type of claim will be given loss and future loss of income, as well as restitution compensation, says Bråstein. The Birgitte case Johny Vassbakk was accused of having killed Birgitte Tengs on Karmøy on the night of 6 May 1995. In the Haugaland and Sunnhordland District Court, Vassbakk was sentenced to 17 years in prison on 6 February. He has always denied criminal guilt. On 5 December 2023, he was acquitted of the murder. – The norm should be raised Lawyer Brynjar Meling helped prepare the compensation claim for Viggo Kristiansen following his acquittal in the Baneheia case. The claim submitted was NOK 90 million. Lawyer Brynjar Meling helped prepare the compensation claim for Viggo Kristiansen following his acquittal in the Baneheia case. Photo: Marthe Synnøve Johannessen / news In Vassbakk’s case, Meling believes that the serious nature of the accusation and the media attention are two important factors: – How he has fared in custody will probably also play a role, says Meling. – What do you think the amount will end up at? – It is difficult to say anything concrete, but it will probably be significantly above a normal requirement in such cases. With our demand, we probably pointed out that the standard should be raised significantly, in line with the media image. There is a completely different exposure now, in terms of media attention, than there was, for example, in the cases of Fritz Moen and Per Liland, says Meling. Compensation claims after criminal prosecution If you have been charged in a criminal case that ends in dismissal or acquittal, you are entitled to compensation from the state for financial loss and non-financial burdens the criminal prosecution has caused you. The same applies to you who have been convicted in a criminal case and are later acquitted after the re-opening of the Commission for the resumption of criminal cases. Compensation after criminal prosecution includes: Compensation for financial loss Standardized compensation for time in police custody or detention discretionary compensation for the burdens the criminal prosecution has caused you Source Sivilrett.no. – Publicity around the administration of justice is an important principle Kjetil Kolsrud, editor of Rett24, for his part does not believe Vassbakk will receive more in compensation due to extensive media exposure. Kjetil Kolsrud is an editor in Rett24 Photo: ISMAIL BURAK AKKAN / news – Normally the courts have not considered this. Publicity in the administration of justice is an important principle. It is obvious that the load is greatly increased by identification. Many will probably agree with Meling, but traditionally the court has not emphasized this. If they did, it would mean that the state pays for what the media have done. Millions rather than hundreds of thousands news’s crime commentator Olav Rønneberg, on the other hand, believes that the identification of Vassbakk can play a role. – It is clear that he is entitled to some money in compensation because he has been locked up for two years, has been named and photographed in the media and has been branded a murderer, says Rønneberg. news’s crime commentator Olav Rønneberg. Photo: Ole Kaland / news Rønneberg thinks it will be millions rather than hundreds of thousands. – It is a rather long period of imprisonment, and he has been in isolation with strict restrictions. He has not been allowed to have contact with his surroundings, he has been designated as a murderer. He has also been suspected in the Tina Jørgensen case, which the police went public with. He has suffered quite a lot of harassment, and that speaks volumes for the fact that we are talking about an amount in the millions, says Rønneberg. Rønneberg points out that it is not unusual to identify someone when a court has found him guilty and sentenced him to a long sentence. – At the same time, we must be open about the media discussing the practice we have. Now we are sitting with an acquitted man whose name and pictures are in all the country’s biggest media, continues Rønneberg. – A lot of sensitive personal data Morten Holmboe is a professor at the Norwegian Police Academy, is a lawyer and has a doctorate in criminal law. He also believes Vassbakk can expect a high compensation sum. – A lot of sensitive personal information has come to light through the legal proceedings and thus become public knowledge. It is not excluded that it may affect the compensation amount. It is the Civil Rights Administration that will initially process the claim to Vassbakk when it comes.
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Experts believe Johny Vassbakk may receive millions in compensation after being acquitted in the Tengs case – news Rogaland – Local news, TV and radio
