– The case is against a backdrop of the judicial scandal Baneheia case, says law professor Hans Fredrik Marthinussen at the University of Bergen. In October, the Attorney General requested that one of the convicts, Viggo Kristiansen, be acquitted. At the time he was sentenced, it was both DNA traces, mobile phone movements and an explanation from co-defendant Jan Helge Andersen that the court used as the basis for the verdict. Later, both DNA traces and the mobile movements have been shown not to hold. Law professor Hans Fredrik Marthinussen. Photo: Synne Lykkebø Hafsaas / news The murder of Birgitte Tengs happened 27 years ago. All DNA material thus has a certain age, and it was secured with a technology that is not quite what it is in 2022. – It may be that the court will find it difficult to place absolutely decisive weight on DNA evidence unless they feel 100 percent sure that nothing has gone wrong with that evidence. And it is, after all, very old, says Marthinussen. After the fourth day of the trial, counsel for Birgitte Tengs’ parents, John Christian Elden, also expressed skepticism about how strong the DNA evidence actually is. Similarities – no contagion effect Team judge Rune Bård Hansen is a member of the judges’ media group. He sees several similarities between the two cases. – After all, both involve serious crimes that are brought up after a long time. Not many years ago, these cases would have been obsolete, says Hansen. In 2014, the statute of limitations for murder, rape and sexual abuse of children was removed. Before that, it was 25 years. Another similarity is that new DNA investigations are central to both cases. Team referee Rune Bård Hansen is a member of the referees’ media group Photo: Aina Indreiten / news – This is hardly ordinary DNA evidence. This is of a different category than what we see weekly in Norwegian courtrooms. It will require a thorough review. The judges’ perception of what this evidence actually tells them will be very important for deciding the question of guilt, says Hansen. The team judge nevertheless does not believe that the Baneheia case has any contagion effect on the judges in the Tengs case. – I have confidence that they are able to assess each case separately, and do not allow themselves to be influenced by other, similar cases, says Hansen. Author Bjørn Olav Jahr has written books about both cases. He sees no similarities between them. Otherwise, he shares Hansen’s view and trusts that the rule of law will be safeguarded. Author Bjørn Olav Jahr disagrees with the law professor. Photo: Øystein Otterdal / news – I think this court deals with this case separately. I don’t think they relate so much to the “noise” the Baneheia case has created, he says. He also believes that it is good that people have gained more knowledge about DNA. – This DNA evidence appears to be very secure, says Jahr. Mode candidate The prosecution also believes that the 52-year-old defendant is a so-called mode candidate. He has been convicted of assault and other incidents with sexual undertones, and he has stolen women’s clothes and worn them on several occasions. Comment: Appears as an obvious mode candidate The law professor also recognizes this from the Baneheia case. – There we had a slightly similar case with a mode candidate with a possible lack of alibi and a DNA trace that was thought to point in the direction of the perpetrator, he says. The defendant’s defenders, Stian Bråstein and Stian Kristensen, cast doubt on the prosecution’s DNA evidence because they believe it may be volatile. It may have gotten on Birgitte Teng’s tights via another person or object. The defendant’s defenders, Stian Bråstein and Stian Kristensen. Photo: Øystein Otterdal / news In addition, they believe the 52-year-old has been prejudged. This is because he has been portrayed as a lonely man with a conviction for violence and who likes to dress in women’s clothes, says Bråstein. – Here you want to portray him as a certain type of person. One wants to do another character assassination. The fact that he has worn women’s clothes: It naturally has no bearing whatsoever on the act of murder, says Bråstein. The defendant has now explained himself in court. The Karmøy man denies criminal guilt. The 52-year-old stated in court that he did not know Birgitte. If he had met her, this must have happened by chance, he explained. – Can be easily acquitted The law professor clarifies that he is not in court and does not know the evidence in detail, but believes that it will not take much for the 52-year-old to be acquitted. – It is nothing more than the court finding that there is doubt. The court must be absolutely certain that they will be able to convict him of murder, says Hans Fredrik Marthinussen. – Witnesses will be able to remember poorly, they will often be able to remember wrongly and the evidentiary value is weakened after 27 years, he adds. Team judge Rune Bård Hansen in the judges’ media group says the threshold for sentencing someone should be the same even if the evidence is old. – If, after a trial, the judges do not feel convinced beyond any reasonable doubt that he is guilty, then he must be acquitted. I believe and hope this threshold is the same even though the evidence is very old. Acting state prosecutor Thale Thomseth. Photo: Øystein Otterdal / news Prosecutor Thale Thomseth also believes that there are high requirements for evidence in any criminal case. – The court must find that the defendant is guilty beyond any reasonable, reasonable doubt. There lies the threshold in all criminal cases. This matter has not changed, she says.
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Law professor sees similarities with Baneheia – news Rogaland – Local news, TV and radio
