In 2001, Andersen was convicted of the rape and murder of Stine Sofie Sørstrønen, but acquitted of the murder of Lena Sløgedal Paulsen. The re-admission commission has now chosen to reopen the case against him. – It is rare that this happens, because it requires obtaining new evidence. The starting point is that if you are acquitted, you should be able to move on in life, says professor of police science Morten Holmboe at the Norwegian Police Academy. Professor of police science at the Norwegian Police Academy, Morten Holmboe, says any wrongful accusation in the Baneheia case will be serious. Photo: Haron Hussain / news When it became clear that the case against Andersen would be reopened, Viggo Kristiansen reported him for false accusation. Now it is up to the Attorney General to decide whether they want to press charges against Andersen. Holmboe says that an accused can always explain himself incorrectly, without being punished for it. The problem arises when you drag others into the matter. – You can’t say it was someone else who did it, if it wasn’t. Then it is a false accusation. This is the Baneheia case * Stine Sofie Sørstrønen (8) and Lena Sløgedal Paulsen (10) were raped and killed in Baneheia in Kristiansand on 19 May 2000. They were found two days later. * Viggo Kristiansen and Jan Helge Andersen were sentenced to 21 years in custody (minimum term of 10 years) and 19 years in prison, respectively. * Kristiansen was convicted of rape and murder of both girls. Andersen was convicted of rape and murder of Sørstrønen and complicity in the rape of Paulsen. He singled out Viggo Kristiansen as the main man behind the murders. * Andersen confessed – Kristiansen has always claimed that he is innocent * The commission for the resumption of criminal cases had the case on its table for the seventh time in the summer of 2017. * In February 2021, the commission decided that Viggo Kristiansen will have a new trial of the criminal case. * On Friday 21 October, Attorney General Jørn Maurud decided that he will go to the Court of Appeal with a message that Viggo Kristiansen should be acquitted of the murders and assaults for which he was convicted. Could get twelve new years behind bars Andersen has already served 19 years for rape and murder. Now the case after the murder of Lena Sløgedal Paulsen is also being reopened. – Andersen cannot get more than 21 years for what he did in Baneheia. Therefore, he can get a maximum of two more years for the murder of Lena Sløgedal Paulsen, says Holmboe. Jan Helge Andersen’s defender Svein Holden says that Andersen still denies criminal guilt. news has been in contact with Holden, who says he does not wish to comment further on the matter at this time. If the false accusation report prevails, the sentencing can be much longer. – As the case stands, this could be a gross false accusation, if Andersen is found guilty, says Holmboe. He will not say how likely it is, or assess the evidence. For the murder and false accusation, the total sentence can be 12 years in prison. Two years for the murder of Lena Sløgedal Paulsen and 10 years for false accusation. Baneheia in Kristiansand. Photo: Per-Kåre Sandbakk / news Serious accusations The penalty for grossly wrongful accusation is ten years and can be added to the possible new murder sentence, Holmboe believes. There has been a topic of whether the sentence can reach the ceiling of 21 years. Holmboe believes that will not happen. – The possible new murder sentence will be for something that happened before the original sentence in 2001. A possible sentence for false accusation is for something that happened after Viggo Kristiansen’s case was reopened, he says. As Viggo Kristiansen has been acquitted, the accusation from Jan Helge Andersen did not come to light. The penalty may be for attempted false accusation, which is normally punished more lightly. Viggo Kristiansen waved goodbye to former fellow prisoners when he was released from Ila prison earlier this year. Photo: Even Bjøringsøy Johnsen / news – Selden kost Maria Hessen Jacobsen, lawyer at Elden Advokatfirma, tells news that she thinks it is likely that this will be investigated as two separate matters. One investigation into the murder of Lena Sløgedal Paulsen and one into false accusation. – Then the police can take them to court together. Reporting someone for false accusation is not unusual in criminal cases, says Jacobsen. Maria Hessen Jacobsen at Elden Advokatfirma. Photo: Privat At the same time, she emphasizes that this is unplowed ground. – This is rare in Norwegian law, she says and adds: – It will have an extremely large symbolic value if he is convicted of false accusation. Then it is proven beyond any reasonable doubt that Kristiansen did not participate. Marius Dietrichson is the head of the Swedish Advocacy Association’s Advocacy Group. He believes that Andersen must receive a severe sentence if he is convicted. – The question of guilt surrounding him must be treated like everyone else. But if he is guilty, a severe punishment will be necessary for general preventive reasons. The rule of law’s biggest challenge Dietrichson says is a false accusation is very serious. – An accused who confesses, and in that way gains the favor of the police, and then places the blame on another accused, who is innocent – that is the rule of law’s biggest challenge. He points out that an accused, like Kristiansen, cannot protect himself from such accusations if Andersen is believed by the police and prosecutors. Marius Dietrichson, leader of the defense group in the Norwegian Association of Lawyers, believes that wrongful accusations in criminal cases are one of the biggest challenges facing the rule of law. Photo: Gunnar Bratthammer / news If it turns out that Andersen has falsely accused Kristiansen, neither the district court, the court of appeal, the Supreme Court nor the Re-enrolment Commission has been able to reveal this in six rounds. State Attorney Johan Øverberg tells NTB that it is natural that a position will be taken on both the unsolved murder and the question of false testimony when they send their recommendation to the Attorney General. At the same time, he says that the issue of false testimony has not been an important part of the new Baneheia investigation. – The aim of the investigation has been to bring clarity to the issue of guilt surrounding the murders, he says. State Attorney Johan Øverberg. Photo: Beate Oma Dahle / NTB Waited to report Thursday, lawyer Brynjar Meling confirmed to news that they are now reporting Jan Helge Andersen for false accusation. – He has maintained a false accusation over time, and as long as he does not plead guilty to both conditions, it is implicit that he maintains the accusation against an acquitted Viggo Kristiansen, says Meling. Kristiansen and Meling have a review ready. They have deliberately waited to deliver it until the resumption was a fact. – Why have you waited? – Based on the situation, it was natural to wait for such a reopening, as we could not be sure that the prosecution would bring an independent case against Andersen. Meling believes it will be the most serious wrongful accusation case that has been tried in Norway if charges are brought. Not necessarily outdated What Andersen said in the original investigation in 2001 is outdated. But if he has maintained his explanation during the retrial of Kristiansen, he can still be convicted of false accusation. – He is said to have repeated the accusations in questioning later. If it is correct, Andersen must answer for it. And he risks a long sentence for the false accusation, if he is found guilty, says the leader of the Defense Group Dietrichson.
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Reporting can result in a long sentence for a Baneheia convict
