[ad_1]
For several years Viggo Kristiansen (41), convicted of murder and rape, has tried to have his case resumed. Twice the Resumption Commission has said no.
Now, after a three-and-a-half-year treatment, the Kristiansen commission stands by his request.
Therefore, the case will be brought back to court, but how the court proceedings will be is up to the tax authorities.
To the Court of Appeal
Gisle Johnson, a district court judge and a member of the Judges’ media group, explains that the first thing that happens next is that the prosecution will now reconsider the case.
– More specifically, the decision of the Resumption Commission means that the case will first return to the prosecution. They will now evaluate the case independently and then file a suit for acquittal or conviction, Johnson says.
The case is automatically brought before the court that rendered the final judgment, in this case an appeal court, the district court judge continues.
As Dagbladet wrote on Wednesday, the Supreme Court will now appoint an appellate court where the case will be heard again. In theory, it could be in any of Norway’s appellate courts, with the exception of Agder, where Kristiansen was convicted in 2002.
Two possible outcomes
But it is not automatic what such demand will look like. In general, there are two possible outcomes, says District Court Judge Johnson.
– If the prosecution files an acquittal, it may involve a simpler process before the Court of Appeal, says the district court judge.
That means a minor judgment.
– If tax authorities file a conviction claim, it will usually be a full case with a full presentation of evidence, says Johnson.
Will not be released
For the time being, the Public Ministry, in this case the Agder Public Ministry, has not decided whether to present a demand for acquittal or conviction before the Court of Appeal.
In a statement, the prosecution writes that do not will request the release of Kristiansen.
– Kristiansen continues to serve his sentence following the Agder Court of Appeal ruling, and the commission’s decision does not mean that the prosecutor will currently request his release, the prosecution wrote in the statement.
In addition, they write that they take note of the decision and add:
– The commission’s decision does not mean that the Agder Court of Appeal judgment of 25 February 2002 has been overturned, but that Kristiansen now has the right to a new appeal.
