There could be a full new round of court in the Baneheia case – NRK Norway – Overview of news from various parts of the country
On Thursday, Viggo Kristiansen was acquitted of the Baneheia murders. But the acquittal does not mean that the Baneheia case is over.
Kristiansen’s defender, Bjørn André Gulstad, tells NRK that they expect that an indictment will now be issued against Jan Helge Andersen.
– It is a completely natural consequence of the fact that Viggo Kristiansen has now been acquitted, that the spotlight is directed at an alternative perpetrator. Then there aren’t that many other options left than Jan Helge Andersen, he says.
Andersen was sentenced to 19 years in prison for his role in the child murders, but has completed his sentence.
The results of the new investigation indicate that there was one perpetrator who committed both murders, and Jan Helge Andersen’s DNA has been found on both girls.
This summer he was charged with the murder of Lena Sløgedal Paulsen (10), for which he was previously acquitted.
Gulstad believes the evidence that was used to acquit Kristiansen is enough to convict Andersen.
– Bthe papers, which are part of the justification for Viggo Kristiansen not being held responsible in the case, are precisely Jan Helge Andersen’s evidential link more strongly to the murder for which he was acquitted.
Prosecutors cannot say when, or if, he will be charged with the murder.
Before he is possibly prosecuted for the murder, the Re-admission Commission must decide that the case from Kristiansand’s district court in 2001 should be reopened.
– What we have been mandated to submit a recommendation on is whether the prosecution should try to request that the acquittal be reopened. We will submit that proposal, there is some investigation going on now, but I cannot say anything about the time horizon, said state attorney Andreas Schei to NRK after the historic verdict in the Borgarting Court of Appeal.
Unexplained
After Viggo Kristiansen was acquitted of the Baneheia murders on Thursday, it means that one of the murders remains unsolved.
– The prosecution must assess the evidence they have. They can of course drop this, but an alternative is for them to request the reopening of the part of the case for which Andersen was acquitted, says Siv Hallgren, head of The Readmission Commission to NRK.
The prosecution must go through The Readmission Commission before they can press charges.
– After all, he has been legally acquitted in a judgment and then it is up to the Re-admission Commission to re-open, also in a negative light. But it is therefore only the public prosecutor’s office that can decide whether or not to request that it be reopened, says Hallgren.
She says that it is not often that cases are reopened against people who have been acquitted.
– It will take some time for the prosecution to request a reopening to the detriment of the accused.
According to Hallgren, it is difficult to say how long it will take to process a possible request from the public prosecutor’s office, but she says this is a matter which, in that case, will be prioritized.
Andersen’s defender, Svein Holden, expects the charge against the client to be dropped.
– Jan Helge Andersen’s explanation about Vigo Kristiansen’s role in case no. In my opinion, there is no basis for indicting Jan Helge Andersen, and I expect that the charges will be dropped based on the state of the evidence, says Holden to NRK.
Full treatment
Jan Helge Andersen was acquitted of the murder of Lena Sløgedal Paulsen (10) in Kristiansand district court. Neither he nor the prosecution appealed the question of guilt for Andersen, only the sentencing.
Thus, the case must go before the district court again, if he is prosecuted for the murder of the 10-year-old.
According to the Criminal Procedure Act, cases that are reopened are “set to zero”. This means that the district court must be able to deal with the case in full, just like the first time – that is to say that all technical evidence and witnesses can be presented that can shed light on the case.
Normally, this would mean both the police officers who investigated the case and witnesses such as Viggo Kristiansen and the next of kin. If there is a new round in court, Kristiansen will testify against his former comrade.
– Han has a duty to testify like everyone else, so he must remain silent if he is summoned, says defender Gulstad.
– The parents are prepared
The lawyer assisting the parents in the Baneheia case, Audun Beckstrøm, says they are prepared for a possible full new trial in court.
The parents expect the matter to be resolved, he says to NRK.
– If the commission comes to the conclusion that the case should be reopened against Andersen, I believe the case must be heard in the district court as first instance. It will probably then be the Oslo district court, says Beckstrøm.
Viggo Kristiansen’s defense attorney believes Jan Helge Andersen should also be prosecuted for false testimony.
– Contributing to another person being wrongfully prosecuted, innocently convicted and imprisoned for 20 years is a serious criminal offence. This is something he has contributed to the gang in his explanations over the years, most recently this summer, says Gulstad to NRK.