Today, Tuesday, the verdict is handed down in one of the most talked about murder cases in Norway in history. The man charged with the murder of Birgitte Tengs in May 1995, Johny Vassbakk, is fighting the battle of his life. A further life in freedom, versus large parts of a life in prison. Early during the sentencing, which started at 10.00, it became clear that the seven judges disagreed on whether Vassbakk was guilty or not. Around 12 today we will get the answer to whether he has been convicted for the murder of Birgitte Tengs or not. It is in Stavanger courthouse that Johny Vassbakk will either be sentenced or acquitted on Tuesday. Photo: Odd Rune Kyllingstad / news In the district court, Johny Vassbakk was unanimously sentenced to 17 years in prison for the murder of Birgitte Tengs in May 1995. The sentence was appealed. When the appeal started in the Gulating Court of Appeal in September, the prosecution asked again for Vassbakk to be imprisoned for 17 years. Need two or three judges Vassbakk himself has all along denied guilt for the murder of Birgitte Tengs in May 1995, and today came the decision. When the verdict was read out, Vassbakk was not in the courtroom. He sat down on a chair in the hallway behind the courtroom, with a defense attorney on either side of him. The only thing that could be seen of him was a black trouser leg. Now his fate is in the hands of seven judges. In the Court of Appeal case against Vassbakk this autumn, there were two expert judges and five associate judges. To be acquitted, he needs to be believed by either two professional judges or three out of seven judges in total, one of whom is a professional judge. – We are left with the feeling that we have had an interested panel of judges who have understood the issues we have put forward. It has been a well-conducted appeal hearing, says Kristensen. Stian Kristensen is one of Johny Vassbakk’s two defenders. Photo: Ali Akhtar / news Topic: DNA news’s crime commentator Olav Rønneberg believes that no major news has come to light in the appeal case. He believes that the DNA discovery, and especially the DNA discovery on Birgitte’s pantyhose, is going to be absolutely decisive. – The prosecutor’s office believes it can only be deposed and originate from Johny Vassbakk. But if the court comes to the conclusion that there are doubts about the DNA evidence, the rest of the house of cards falls. Then he is acquitted. Crime commentator in news, Olav Rønneberg. Photo: Ole Kaland / news Much of the appeal case against Vassbakk has been about the DNA evidence. 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. This spring, after the district court judgment against Vassbakk was handed down, more than 60 new samples from Birgitte Tengs’ pantyhose were sent to the Forensic Medicine Institute in the Netherlands, NFI. The samples are taken from what are probably the perpetrator’s handprints. According to the prosecution, small amounts of male DNA were found in these samples. DNA that they believe very likely belongs to Johny Vassbakk. Arnoud Kal of NFI said in the trial that there was relevant information in the new analyses, but that they had to be used with caution. – There are several hits on the defendant in the samples, but in the absence of a mathematical model that can evaluate the findings, my conclusion is that the analyzes neither support nor weaken the prosecution’s hypothesis that the defendant was at the crime scene, Kal said in the testimony. Arnoud Kal in the Institute of Forensic Medicine in the Netherlands, NFI. Photo: Gisle Jørgensen / news Believes more investigations can be done The defenders had also brought in an expert, who warned against relying solely on DNA evidence to convict a defendant in a criminal case. – In the appeal case, we have tried to focus on the somewhat practical part with DNA. How it can be deposited and how it can end up in places you’ve never been. There are cases, trials and research from abroad where we know it has happened, says Kristensen. If Johny Vassbakk were to be sentenced now, the question of guilt would be settled. But it may still be appropriate to appeal to the Supreme Court. – We must make a concrete assessment of whether the case should be appealed to the Supreme Court in that case. But there is more research that can be done, Kristensen believes. Stian Kristensen believes that more investigations can be carried out in connection with the murder of Birgitte Tengs. Photo: news Do the parents get the answer? For Birgitte Tengs’ parents, Karen and Torger Tengs, this could be the end of 28 years without answers to what happened to their daughter. Counsel for the parents of Birgitte Tengs, Erik Lea, says Torger Tengs will deal with the upcoming verdict regardless of the outcome. Photo: Marthe Synnøve Johannessen / news Erik Lea, who is the legal representative for the parents, says he met Torger Tengs on Monday evening. – He is excited and will deal with the upcoming verdict regardless of the outcome, says Lea. John Christian Elden, who is also the legal representative for the parents, says they hope to get a clarification on the case, which has been a nightmare for so many years.
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Johny Vassbakk needs to be believed by two judges – news Rogaland – Local news, TV and radio
