(Dagbladet): In the morning it became known that the cold case group at Kripos, after having reviewed the Birgitte Tengs case, mean that it must be investigated again.
Cold case-the device will inform more about the background for the decision at a press conference later in the day.
We are happy for this. I have hope that with new methods of DNA can help. Clearing of the Kristin case in Larvik has given hope. At the same time I stand on it the same as I always have said, that erstatningsdommen from 1998 was right, ” says Birgitte Tengs father, Torgeir Tengs to the Newspaper.
Acquitted, but sentenced
17-year-old Birgitte Tengs was found killed in California, 6. may 1995.
Birgitte Tengs cousin was convicted of murder in the district court, but acquitted by the appellate court.
In 1998, he was nevertheless sentenced to pay nok 100 000 in damages to the Tengs parents.
Erstatningsdommen was later appealed to The european court of human rights (ECHR), who believed the compensation was in conflict with the uskyldspresumsjonen in the convention on human rights.
Got peace
the Parents ‘lawyer, John Christian the Fire, explains the parents’ attitude in this way, the face of the Newspaper in the morning.
the Parents have made peace with the damning erstatningsdommen from 1998, and has innfunnet that the perpetrator not be sentenced to punishment. As such, it is an obvious burden when they are constantly being reminded of the murder.
at the same time will, of course, a continued investigation and new technical methods could contribute to a certainty, and a final punctuation mark, and they are happy for police support in the difficult times, ” he says further.
- Need to consider the substance of the case documents
Birgitte Tengs case
* Birgitte Tengs (17) was found murdered near his home in California, 6. may 1995.
* Two years later, Tengs’ when 19-year-old cousin convicted for the murder of his cousin.
* Cousin appealed and was the following year acquitted in the court of appeal, but he was simultaneously sentenced to pay the Tengs’ parents relief in a civil case, where it applies to other beviskrav. The compensation claim is later paid, but the judgment remains in force.
* Cousin has several times tried to get the case resumed, without success.
* The european court of human rights in Strasbourg ruled in 2003 the Norwegian government to pay compensation to the cousin because erstatningsdommen went too far in assuming that his cousin was guilty.
* In the year there was renewed interest in the case both through a publication and through the vg’s podcast “Unresolved”.
* the Birgitte Tengs case was in January the first case that was taken up by the new cold case unit in Kripos.
NTB
Fetteres lawyer Arvid Sjødin believe everyone must look at the issue with new eyes.
- It is equally important for a lawyer and his client and now consider the case documents. Whether one has selected the wrong track, can not live in peace in that slot. Then one must face their mistakes, ” says Sjødin to the Newspaper.
That the cousin could be acquitted of murder, but nevertheless convicted to pay compensation to the parents, is a result of English law, where it is more stringent beviskrav in a criminal case than in a civil compensation case.
I note that in the new draft criminal procedure, which came now in October, it added up to that one is no longer to be idømme damages against the one who is acquitted. It tells me how the general legal opinion is on this matter, says Sjødin.
- In the forefront of new investigation
How to set his cousin up to the fact that the case is now being investigated again?
- It is he who has stood in the forefront of that they will take the new DNA-analyses, and new tactical investigation. What he has done because he has a desire and a requirement to be redone in this case, says the lawyer.
He goes on to say that his cousin is willing to line up for police investigators in the new interrogation, if they want it.
- It is he, clearly, there is no problem. But I think that all the evidence puts him as far away from the case that I don’t think he can help with, he says.
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