For the first time since Fredrik Fasting Torgersen over 56 years ago was convicted of sexual assault on a 17 year old woman has a 80-year-old won out in the legal system.
Today, the Court of Appeal unanimously rescinded a judgment from Oslo District Court after Torgersen filed suit against the State and the Commission for the resumption of criminal cases.
Torgersen and his attorney, Jan Tennøe, did not initially claim that the High Court’s verdict of 16 June 1958 could be retried and that the Commission’s refusal in 2006 and 2010 not to resume the case should be declared invalid.
– This is a very good news for me and a crushing victory over the resumption Commission, says Fredrik Fasting Torgersen VG – just minutes after he got the news served by his lawyer.
Now warns his nephew, Frode Fasting Torgersen, a new petition for the reopening of what is one of the most publicized murder cases since Rigmor Johnsen was killed on December 1st night in 1957.
Lawyer January Tennøe are more cautious in their statements and points out that the judgment in the High Court “only” a repeal of the District Court’s decision and that the case must therefore be reconsidered in First Instance.
– In this respect, one can say that what has just happened is to turn the clock back two or three years. But it is nevertheless clear that this is considered as no small victory and the best we could get for now, both Fredrik Fasting Torgersen yourself and all of us who fight for him to be exonerated for a murder he did not commit .
RIGHT: Fredrik Fasting Torgersen (left), professor and legal adjunct Stale Eskeland and lawyer January Tennøe under one of the many hearings in Torgersen case.
Photo: Lise Åserud / NTB Scanpix
Facing the Court of Appeal invoked Tennøe, on behalf of Torgersen, the procedural errors and incorrect application of the law, in addition to that it was based on an erroneous and narrow interpretation of the scope of judicial power to try Resumption Commission’s decision and refusal to test murder case from 1957 again.
Comprehensive pleadings
In the legal ruling shows the court of appeal for extensive pleadings from Torgersen side, which extensively treats the Commission’s assessment of evidence . Where is maintained that the errors in the assessment of evidence is so serious that there is a procedural error.
Although resumption Commission decision from 2006 is built on a very extensive discussion of Torgersen’s arguments relating to each one of the proofs, the final assessment brief.
The Court of Appeal finds that courts only to a very limited extent can try Resumption Commission proceedings, but according to the Supreme Court’s decisions could still do that in “some extent” .
When the court has not considered the issue of procedural error, this means a big mistake that the judgment must be abolished. It also means that Torgersen is entitled to recover its costs for the appellate court amounting to 46 000 plus VAT and court fees.
– Strengthens Torgersen case
– I am glad that a fraudulent tingrettsdom now been lifted, says a satisfied counsel for Torgersen, Jan Tennøe.
He is not in doubt that this decision clearly will strengthen Torgersen battle to get the case reopened.
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