Viggo Kristiansen was sentenced to 21 years in custody for the murder and sexual assault of Stine Sofie Sørstrønen (8) and Lena Sløgedal Paulsen (10). Jan Helge Andersen was sentenced to 19 years in prison for the murder of Stine Sofie and complicity in the sexual abuse of both. Viggo Kristiansen can in principle be acquitted on Friday. What then happens to Jan Helge Andersen? The verdicts in the Baneheia case Two little girls, Stine Sofie Sørstrønen (8) and Lena Sløgedal Paulsen (10) are raped and killed in Baneheia in Kristiansand. DNA traces are found on the one girl from Jan Helge Andersen. In questioning, Andersen confesses and says that Viggo Kristiansen was involved in the whole thing, and was the main man. Kristiansand city court 1 June 2001 Kristiansen is convicted of murder and sexual offenses against both girls, as well as some other offences. 21 years’ imprisonment + 10 years’ probation. He appeals. Andersen is acquitted of the murder of Lena, but convicted of the murder of Stine Sofie and (participation in) sexual offenses against both girls. 17 years in prison. Both Andersen and the prosecution are appealing the sentencing. Agder Court of Appeal 13 February 2002 Kristiansen is sentenced to 21 years in prison for murder and rape in Baneheia, as well as one sexual offense against a child and breach of the peace against an adult. (He has confessed to things that are not connected to Baneheia.) 21 years in custody. Andersen: The sentence was increased to 19 years in prison. Possible outcomes for Viggo Kristiansen In February last year, Viggo Kristiansen had his case reopened. We will get the answer on Friday at 1 p.m. Then the Attorney General tells whether they believe there is evidence against Viggo Kristiansen in the Baneheia murders or whether he must be acquitted. – If the prosecution believes they can prove that Kristiansen is guilty beyond reasonable doubt, there will be a new trial with full evidence. If they think it cannot be proven that it is him, they must go to court and ask for an acquittal. Even if it is the court that will decide this, in practice it will probably end with an acquittal, says Professor Morten Holmboe at the Norwegian Police Academy. Concretely, this will happen like this, he explains: A. If the prosecution believes there is evidence of criminal guilt: New case before the Court of Appeal, with 2 expert judges and 5 lay judges. Requirements for conviction are that there is no reasonable doubt about the criminal guilt, and that there are at least 5 votes for conviction, including 1 professional judge. B. If the prosecution believes there is no incriminating evidence against Kristiansen: 1. Can be settled by office proceedings if the prosecution and the court agree. 2. Full trial. The court is then not bound by the prosecution’s claim. Morten Holmboe at the Norwegian Police Academy. Photo: Rahand Bazaz / news – What is the difference between the two options? – The difference is in principle that a new trial can lead to a conviction even if the prosecution claims an acquittal. But that is probably theoretical, replies Holmboe. If Kristiansen is acquitted of murder, punishment must still be meted out for sexual abuse of another child and breach of the peace of an adult woman, which he has acknowledged. This has already been settled. Possible outcomes for Jan Helge Andersen A. If Kristiansen is convicted again: No further case against Andersen, unless it can be proven beyond reasonable doubt that Andersen is (also) guilty of Lena’s murder. B. If Kristiansen is acquitted, there are two obvious alternatives: Alternative 1: The murder of Lena Sløgedal Paulsen is unsolved: – One can say that there is no good evidence against Kristiansen, and that he must be acquitted. At the same time, it can be said that there is also not good enough evidence against Andersen for the murder of Lena Sløgedal Paulsen (10), says Holmboe. – It is a completely possible scenario that the murder of Lena Sløgedal Paulsen will not be solved, even though it is obvious that one of them has done it. It is because we have the principle that reasonable doubt should benefit the defendant, Holmboe elaborates. Alternative 2: Andersen is prosecuted for the murder of Lena Sløgedal Paulsen: Jan Helge Andersen is currently charged with the murder of Lena Sløgedal Paulsen (10). – If the prosecution believes they have evidence that he is guilty of both murders, they can request that the readmission commission reopen the case. They must then agree with the prosecuting authority for it to end with a new indictment and a new trial for Jan Helge Andersen, says Holmboe. Andersen has served a sentence of 19 years in prison for murder and assault (see facts). In a new case, he may be sentenced for both murders and for false accusations against Viggo Kristiansen. When Andersen was arrested in 2000, he talked Kristiansen into the case. If the prosecution believes it was a false accusation, it is time-barred (limitation period of ten years). But Andersen may still be accused of false accusations after the reopening of the case. In that case, it will not be obsolete. The decision In the Attorney General’s summons to Friday’s press conference, only Viggo Kristiansen’s case is mentioned. But there is little doubt that many questions about Jan Helge Andersen will also arise on Friday. – I think they want to get Kristiansen’s case finally settled before they consider whether to ask for the reopening of Andersen’s case, says Holmboe. Kristiansen’s possible compensation case Viggo Kristiansen’s defender Arvid Sjødin has announced a fierce compensation case if the client is acquitted. Arvid Sjødin, lawyer for Viggo Kristiansen. Photo: Josef Benoni Ness Tveit / news – We are talking about a significant amount for Viggo. It would not be unnatural with an amount of between NOK 20 and 30 million in compensation and restitution, Arvid Sjødin told Dagbladet last year. Morten Holmboe refers to the largest judicial murder in Norwegian history. Per Liland was awarded NOK 14 million in 1996 and Fritz Moen’s estate NOK 20 million in 2006. In other words, there may be a large compensation claim if Viggo Kristiansen is acquitted.
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This means Friday’s Baneheia decision for the way forward – news Norway – Overview of news from various parts of the country
