Saturday, January 28, 2017

Drapsdømte in Monika’s case has changed his mind, will, nevertheless, have new trial – Aftenposten

It writes Bergens Tidende.

Monika-the case took a surprising turn Friday. Tuesday pulled drapsdømte Donatas Lukosevicius appeal to the court of appeal. Lukosevicius has now changed his mind and has secured a new lawyer.

It was TV2, which first reported this. It is unclear what will happen now.

Lukosevicius' former defense attorney, Asmund Sandland, is now out of the picture. John Christian Fire confirms to BT that he has been told that he is the new defender.

Sentenced to custody

Lukosevicius was convicted in the Nordhordland district court to have killed eight-year-old Monika Sviglinskaja in her home on Sotra in 2011. The verdict came on the 18 years of detention and was appealed to the court of appeal.

In the Gulating court of appeal was set six weeks into the case, which was supposed to start 6. February.

on Tuesday pulled Lukosevicius appeal.

Attorney John Christian Fire is not available for the call on Friday afternoon. In a text message to BT, he writes yet, this: “I don’t know anything about the case yet over and above that the appellate court has appointed me as a defender on the siktedes petition. He has stated that he has not drawn some appeal. What happens we get to come back to after the weekend.”

law professor: Must look at the validity

a Lawyer the Fire is tell BT that there is a 14 day ankefrist on hevingskjennelsen delivered the 24. January of this year.

It will say that he and Lukosevicius has eleven days to prepare an appeal.

a Professor of criminal law at the University of Bergen, Asbjørn Strandbakken, says this about the Lukosevicius' opportunities to get the case up for trial again anyway:

– What you need to look at is whether his petition to raise the matter is valid which viljeserklæring. It will among other things say if he withdrew the case voluntarily, was not subjected to pressure and that he was aware of the consequences.

He is found sane, has something to say?

– Yes, it has. Plus he has been assisted by a lawyer. Both parts are among the things you need to consider, if he will now review hevingskjennelsen. And it’s the only way he can now get up the issue again, to have invalidated the ruling, says Strandbakken.

– Has it happened before?

There are certainly examples of it, yes. But I don’t know if it has happened in murder cases, says Strandbakken.

– Hold it to change his mind?

– No. The problem has been up in connection with the vedtagelse of fines. Although there are issues with a completely different degree of severity, is it still a legal parallel, ” says jusprofessoren.

Strandbakken says it is viljesteorien in the Norwegian law governing this rettsfeltet.

Rules need not be so difficult, but it is a combination of civil law and criminal law.

– Klientforholdet is finished

Attorney Asmund Sandland was Lukosevicius' defense in the district court, where it came drapsdom. He is very tight-lipped in the first part of the conversation with BT on Friday.

I can’t comment on this now. I have given an account of the public prosecutor and allows it to be with it, ” he says at the outset.

– do you Perceive that you are a wreck as a defender?

I do not have any remarks to it. My client relationship to him is ended. It lasted until the appeal was raised; when I was not longer formally his lawyer, ” says Sandland.

Gulating court of appeal decided the case on Tuesday this week, ruling that the appeal Monika-the matter raised. Hevingskjennelsen was based on a letter from Sandland that Lukosevicius withdraws the appeal, a letter dated Wednesday 18. January.

– There was no doubt that he would withdraw the appeal since the letter was sent?

– no, No, answer Sandland, who admits that he is surprised over the turn of events now.

There was filed an appeal, and then it was withdrawn.

Take note

You know him a bit. What do you think may lie behind this apparent turnaround?

It has been relatively crystal clear that he would raise the matter. I have no idea why he has changed position now.

According to Sandland, there are no “termination” of klientforholdet between him and Lukosevicius. To BT write lawyer the Fire that he got the copy of the Lukosevicius' request to the court.

“I don’t know what the right builds awareness of, and have requested to get it sent so I can assess the matter”, writes the Fire to BT.

district attorney Benedicte Hordnes says to TV2 that she relates to the statement they got earlier in the week, which meant that the forvaringsdømte the man withdrew the appeal and thus accepted the judgment of the district court. She says that she cannot believe that the case can now be undone after first having waived the appeal.

I think it is terribly unfortunate that this now becomes a process that creates a doubt for Kristina Sviglinskaja their part, ” says Hordnes to TV 2.

She does not know this has happened in the past.


No comments:

Post a Comment