It attracted great attention and surprise when the 27. January was known that Donatas Lukosevicius, as in the Nordhordland district court was sentenced to detention for the murder of Monika Sviglinskaja (8), still wanted to get the appeal up for Gulating lagmannsrett.
It happened just a few days after that Monikas mother, Kristina Sviglinskaja, could draw a sigh of relief over to drop a new trial about his daughter’s death. Lukosevicius’ previous defense Asmund Sandland withdrew the appeal, so the ruling was left standing.
Now Monikas mother, Kristina Sviglinskaja, via their lawyer, Stig Nilsen, delivered an objection against that, John Christian the Fire gets to defend Donatas Lukosevicius, who now also wants a new trial.
I think he should retire – that it carried out a forced forsvarerbytte, says He to NRK.
WILL HAVE a NEW TRIAL: Donatas Lukosevicius appealed forvaringsdommen for the murder of Monika Sviglinskaja. So was the appeal withdrawn, but now want Lukosevicius still the case up to the appellate court.
Photo: Hommedal, Marit / NTB scanpix
– Appears unfortunate and quite amazing
the assistance of counsel justifies this with the fact that John Christian Fire has defended Geir Gudmundsen, the former chief of police in the Hordaland police district, in the same proceedings.
as Seen from my client’s standpoint, it’s unfortunate and quite amazing that the defense attorney for the police commissioner now acting as a defender for Lukosevicius, ” says Nilsen.
Gudmundsen was responsible for politidistriktet that got the 100 000 in foretaksstraff for its handling of the Monika case. Nilsen believes, first, that the Fire through forsvarsarbeidet for Gudmundsen has acquired the information he as a defender for the defendant, Lukosevicius, normally should not have access to.
the Fire has disclosed sakskomplekset seen from the politimesterens standpoint, which has given him knowledge of conditions that he is difficult to ignore as a defender of the sentenced, ” says Nilsen.
Kristina Sviglinskajas lawyer believes, furthermore, it is problematic that the Fire defender Lukosevicius, as in the district court, was convicted of murder, because Gudmundsen was responsible for henlegge Monikas deaths selvdrap.
– When he represented that it was responsible for politidistriktet, and thus the parent responsible for henlegge the case, then it is unfortunate and a little comforting that he later acts as the defender of the sentenced in the case. It is hovedinnsigelsen, ” says Nilsen.
Facts about Monika’s case and sentence
- Eight-year-old Monika Sviglinskaja was found dead in the home on Sotra 14. november 2011. Nine months later the case was dismissed as a likely suicide.
- the Mother, Kristina Sviglinskaja, asked earlier Anders-detective Asbjørn Hansen to look into the matter. He criticized the henleggelsen.
- In may 2014, the Hordaland police district investigation. In October of the same year was the mother’s former roommate, Lithuanian 34-year-old Donatas Lukosevicius, arrested.
- the Trial started in the Nordhordland district court 30. may of this year. Lukosevicius is prosecuted for murder under particularly aggravating circumstances. He refuses the fault.
- last year, the policeman and the reporter Robin Schaefer out a book in which he criticizes the California politidistrikts handling of the case. Spesialenheten for police matters has imposed Hordaland police district a fine of 100.000 nok for the rough uforstand in the service.
- Wednesday 22. June let the prosecution down the claim about the 18 years of detention with a 10-year minimum time for Lukosevicius, who is convicted several times in Lithuania.
- Monday, 25. July 2016 was Donatas Lukosevicius sentenced to 18 years ‘ detention for the murder of Monika Sviglinskaja.
- Lukosevicius appealed the judgment to the Gulating court of appeal, where the appeal was to start 6. February 2017. But through the dømtes former defender, Asmund Sandland, pulled Lukosevicius appeal 24. January 2017.
- Three days later, it became known that Lukosevicius still wanted to appeal the case, and that he had been appointed by John Christian the Fire as the new defense.
Have even contacted the Fire
Nilsen also think there is a danger that the Fire can end up in a conflict of interest between his former and current client.
I think that in itself dictates that he should not take on the mission, ” says Nilsen.
He has even contacted the Fire on the issue.
– I took it up with him directly first, and questioned this.
What answer did you get?
I will not go into, ” says Nilsen.
Now, Nilsen has therefore sent a formal request to the Gulating court of appeal, in which he asks that Lukosevicius deprived of Fire as a defender. The fire has the deadline to 17. February to come up with its response.
WILL NOT HAVE the CASE UP AGAIN: – She has been fully successful in what she has explained all the way. She is relieved and wants to thank all who have given her support and help, î said Stig Nilsen, Kristina Sviglinskajas a lawyer, when it was known that the appeal was withdrawn. Now run the risk of Monikas mother a new trial.
Photo: Paul S. Amundsen, Amundsen, Paul Sigve / NTB scanpix
It is currently not clear which lovparagrafer Nilsen will use with the court to justify the claim forsvarerbytte.
Straffeprosesslovens section 95 says that the same person may not be the defender of the “several persons who have conflicting interests” (it was right enough Hordaland police district as a whole, and not Geir Gudmundsen personally, that formally was indicted by Spesialenheten for police matters, journ.anm.).
Paragraph 105 says that the court can appoint new defense if it is “utilrådelig that the previously appointed are still doing service.”
There are several paragraphs that are overlapping and may be appropriate. I will await the answer from the Fire until I come with further arguments towards the court, ” says Nilsen.
DEFENSE: John Christian the Fire, who in these days are busy with Eirik Jensen-the case in the Oslo district court, is appointed as a defender for Donatas Lukosevicius. It does not accept Monikas mother.
Photo: Gorm Kallestad / NTB Scanpix
Lukosevicius has submitted a formal appeal
John Christian the Fire type in a text to NRK that has not yet been seen in the rebuttal from Kristina Sviglinskajas a lawyer.
– do you See any basis for your earlier forsvarerjobb for Gudmundsen can do that the court finds you unfit to defend Lukosevicius?
“so will I within 17. February comment”, enter the Fire.
According to the Fire appealed Lukosevicius hevingskjennelsen immediately when he became acquainted with the 24. January. On Monday this week received the Gulating lagmannsrett Eldens formal appeal.
Now awaiting the court of appeal Statsadvokatens response to this appeal, before the matter be communicated to the Supreme court. They will determine whether Lukosevicius are allowed to promote their case for the court of appeal.
the district attorney has, like the Fire, the deadline to 17. February to come up with its response.