There were some dramatic seconds in Haugaland and Sunnhordland District Court on Monday morning. Standing next to his defenders, Johny Vassbakk heard the court’s merciless conclusion – he was sentenced to 17 years in prison for the brutal murder in 1995. It quickly became clear that the verdict made a strong impression on Vassbakk. He turned visibly red, and had to lean against the table when he sat down. Shortly afterwards, he fell over in front of the judges, actors and audience. While the courtroom was emptied of people, the convicted murderer received first aid from the prison guards who were looking after him. After just under an hour, the court was reconvened, then without Vassbakk present. He received the judge’s permission to leave the courthouse, and was therefore taken back to prison. Nor were the parents of Birgitte Tengs present in the district court. According to the legal aid lawyers, Karen and Torger Tengs simply could not bear the burden of having to once again hear a verdict against a man accused of murdering their daughter. And that is understandable. This whole new trial must undoubtedly have been a tremendous strain on the two of them. Many remember Torger Teng’s strong testimony during the first week of the trial. “I hope they have done the right thing now,” was the father’s message before he addressed the defendant directly and asked him to tell what he knew. For years, the parents have expressed a strong hope to find out what happened to their daughter, and why she was killed. Some such answers did not come from the judges in the district court. But if we are to believe the verdict, Johny Vassbakk could have given them such answers, if he wanted. The court has no doubt that the right perpetrator was on the dock this time. In particular, the judges’ conclusion is based on the much-discussed DNA profile, which was the police’s key evidence against Vassbakk. A unanimous panel of judges believes it has been proven beyond any reasonable doubt that the Y chromosome originates from the 52-year-old. “There is a robust and secure scientific basis for the analyses”, read district court judge Arne Vikse. And the court believes that the DNA profile can only have ended up there when the murder was committed. The defenders have spent a lot of time launching possibilities for so-called contamination in advance of the murder, or contamination at one of the laboratories afterwards, but they were not heard. The judgment is very detailed on these points, the court spends a lot of time assessing the various possibilities, but everything is rejected as theoretical. The judges simply believe that Vassbakk’s DNA can only have been found on the murder victim’s pantyhose when he killed her. However, one does not get any closer to a possible sequence of events. Based on the crime scene investigations and the autopsy, we know that Birgitte was hit more than twenty times in the head with stones or other objects. She was also subjected to abuse and dragged more than 40 meters into a bush. But what happened when, how long she was alive or what she got with her is not known. Nor is it clear to the court why she was assaulted, although the judges spend some time discussing the 52-year-old’s previous history of violence and immorality. Thus, many questions in the Tengs case are still unanswered. This time, the parents have also not been told what happened when their only child was attacked and killed just a few hundred meters from home. The burden has of course been greatest for those left behind, but the case has also been a nightmare for the Karmøy community in general. In addition, all those involved must settle for a new round. It will happen in the Gulating Court of Appeal in Stavanger in September. It was expected in advance that Vassbakk would appeal on the spot if he was convicted. He did not get that far before leaving the courthouse, but anything other than an appeal on his part is unthinkable. It is true that the appeal will go through a sieve in the Court of Appeal, but given the case’s history and Vassbakk’s denial of guilt, it is unlikely that it will be refused. If the Court of Appeal comes to the same result as the district court, it means that you will then have a final judgment. Thus, there are many indications that the Court of Appeal proceedings will be the last chance to get an answer. If we are to believe the district court verdict, Johny Vassbakk can give such answers. Whether that will happen is probably rather uncertain.
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