– After a struggle for almost 30 years, the cousin has finally received some reparation for the injustice he has been subjected to, writes the cousin’s lawyer, Kristian Foss Aalmo, to news. Birgitte Tengs’ cousin and the state have entered into a settlement for compensation. This is revealed in a document that news has obtained access to. He will receive NOK 26 million in compensation for having been unjustly convicted for the murder of his cousin in May 1995 for several years. major financial challenges for him. The settlement reflects the significant financial loss he has suffered. Aalmo writes that the cousin is happy that there can now be an end to what for him has been a nightmare of many years. Was innocently convicted for 25 years The murder of Birgitte Tengs has been a scourge for the whole of Karmøy for almost 30 years. In November 1997, the cousin of Birgitte Tengs was wrongly convicted of the murder of his cousin, and had to pay restitution to Tengs’ parents. But the cousin was acquitted the following year of the murder of his cousin in the Gulating Court of Appeal. However, the compensation claim was upheld by the Court of Appeal in a civil case. The murder of Birgitte Tengs Birgitte Tengs (17) was found murdered near her home in Karmøy on 6 May 1995. Two years later, Tengs’ then 19-year-old cousin was convicted of the murder of his cousin. The cousin appealed and was acquitted the following year in the Court of Appeal, but he was also sentenced to pay compensation to Tengs’ parents in a civil case, where other evidentiary requirements apply. The Agder Court of Appeal overturned the verdict in November 2022. The murder is still unsolved. In 2003, the European Court of Human Rights in Strasbourg sentenced the Norwegian state to pay compensation to the cousin because the compensation judgment went too far in assuming that the cousin was guilty. In 2015, new interest was created in the case both through a book publication and through VG’s podcast “Unsolved”. In January 2016, the Birgitte Tengs case became the first case taken up by the new cold case unit in Kripos. On Wednesday 1 September 2021, the police arrested a man in his 50s from Karmøy who was charged with the murder. In February 2023, the man was sentenced to 17 years in prison for the murder. The man was acquitted in the Court of Appeal in December of the same year. And it is this compensation judgment that has hung over the cousin for almost 30 years. The cousin has tried to have the case reopened several times. It was not until 2022 that the judgment was reopened by the Agder Court of Appeal. Here, the Court of Appeal had no doubt that the cousin had to be acquitted of the claim for restitution. – It is undisputed that the cousin is innocent, writes the Ministry of Justice in the settlement. – Has resulted in clear burdens The Ministry of Justice writes that the case has been one of the most discussed criminal cases in recent times. The state recognizes that the case has caused significant burdens for the cousin. – The cousin’s opportunities for normal life development, both in his professional life, in his social life and otherwise, have been restricted throughout large parts of his adult life, writes the Ministry of Justice. The cousin has long fought for a full acquittal and compensation from the state. Photo: Zbigniew Czaplicki / news Through his lawyer, the cousin expresses that he does not wish anyone the treatment that he himself has been subjected to, and that it cannot be fully repaired with money. – Through the settlement, the state has acknowledged the mistakes that have been made and the burden the state has placed on him. This has been important for our client. Going forward, he wants peace for himself and his family, writes the lawyer. news has been in contact with the Ministry of Justice about the matter, which has not yet responded to our inquiries. Two years ago, the cousin spoke to news and explained that Norway had not only judged him incorrectly, but also repeatedly refused to correct the error. – This has destroyed an extended family and also caused me enormous damage, he told news. Claimed 103 million Fetteren filed a compensation claim against the state in 2023 in excess of NOK 103 million, it appears in the settlement. But in September they agreed that the state will pay NOK 26 million to the cousin. According to the state, five of these millions are compensation for non-economic loss as a result of the burdens the case has caused. The rest of the sum must cover financial loss, including past and future loss of income and expenses. In addition, the state pays out NOK 17 million to cover tax. This means that regardless of the cousin’s place of residence, there may be a tax claim on the payment. This sum possibly covers the state. If, however, there is no tax claim, these 17 million will have to be paid back to the state by 15 July next year. This means that the agreement with the cousin may cost the Norwegian state NOK 43 million. Minister of Justice Emilie Enger Mehl could not promise compensation the last time she met her cousin. Now, however, the state has paid out. Photo: William Jobling / news The state points out that the agreement is a full and final settlement. The claim from the cousin for the costs he has had for advice and legal assistance from Arvid Sjødin, Bent Endresen and Grete Strømme is being processed separately, the Ministry of Justice states. Still no one convicted of the murder Another man was sentenced last year for the murder of Birgitte Tengs in the district court, but he too was later acquitted in the court of appeal. This man has submitted a compensation claim of NOK 20 million. After almost 30 years, the police are still without a perpetrator for the murder of Birgitte Tengs. Published 25/10/2024, at 15.11
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