Lagdommer Kristel Heyerdahl has spent a lot of time on rettsbelæringen in the court’s potentially the last day.
She has even pointed out that it is longer than what is usual in the court of appeal, and refers to the extensive bevisvurderingen that have been put forward in the five-month long appeal case between Gjermund Cappelen and Eirik Jensen.
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Some of it she pulled forward as important evidence was the extensive communication between the Jensen and Cappelen. It is presented over 1,500 communication devices between the two. In addition, there have been explanations from 120 witnesses in this comprehensive trial.
Explanations is evidence, however, some pages may be difficult to attribute weight. Cappelen want strafferabatt, it may give him incentive to explain themselves false. Jensen risks a long prison sentence, something that also can be subject. But the fact that the subject is there, does not mean that you do it, ” says Heyerdahl.
WATCH TV: today settled the Jensen case. Judge Kristel Heyerdahl to give sinrettsbelæring, before the jury retire. Photo: Lars Eivind Bones / Video: Nicolai Delebekk / Dagbladet / Pool Show more Show more – Someone is lying
But Heyerdahl points out, however:
– In this case, we know that either Jensen or Cappelen speaking false about it that is at the heart of the matter, namely Eirik Jensen has contributed to narkotikainnførsel or not.
Jensen has all the time refused to have contributed to the cappelen in his narkotikavirksomhet. Cappelen argues, however, the opposite.
Heyerdahl refers to the fact that Cappelen has demonstrated the ability to explain himself, and false when it benefits him. At the same time, Jensen held back the information in the interrogation.
Jensen speaks out: – don’t Dare think that I go from here as a free man
Heyerdahl explains that the witnesses may have a motive for to speak false, for various reasons, but points out at the same time that you explain differently or remember more than one has done in the past does not necessarily mean that one is lying.
– It can be hukommelsesfeil. They can also come on more gradually. But some may see themselves served to change the explanation after each, for example, after knowledge of the evidence or explanations. It should be evaluated with a critical eye if the explanations are experienced as disjointed, ” says Heyerdahl.
the Defenders have pointed out during the entire appeal case that Cappelen has motive to explain themselves false because of strafferabatt and that he has felt threatened. Cappelen in his defenders have all the time motstridet this.
– It is lagretten that must take a position to gehalten in cappelen in his explanation, says the judge.
Cappelen seems the truth knekkende indifferent Comment is Objective evidence
the Judge therefore encourage the jury to start bevisvurderingen in rådslagningen with the objective evidence that can’t be affected.
Among other things, a meeting between Jensen and Cappelen september 2013 and 19. December 2013, the day when Cappelen was arrested.
She spent a lot of time in the rettsbelæringen to go through how the law considers tiltalepunktene, for contribution to the hasjinnførsel and gross corruption. She pointed out that, among other things, that it is not of importance whether Jensen actually had the ability to shield cappelen in his business, it keeps that it is proven that he betrygget Cappelen.
It means that Jensen can be convicted for having lied to Cappelen.
drawing lots to decide Jensen’s fate – Have helped each other
Their relationship stretches over 20 years, throughout this period they have had regular meetings and contact by telephone. There are at least 100 to 120 meetings. Both are agreed that they have had a long relationship and have come close, ” says Heyerdahl.
She says it does not dispute that Jensen has helped Cappelen with his drug abuse problem.
” the Question you must decide is whether Jensen also has had information about cappelen in his importation of narcotics. Cappelen has shown that he had knowledge of Norwegian and foreign narkotikanettverk. He has had a such a network, this has also been visible for Jensen. He has also been aware of cappelen in his extensive travel, expensive watches and cars, ” she says to the jury.
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Jensen himself has stated that he knew that Cappelen ran with the records in the nineties, but thought he had quit in 1997.
Both Cappelen and Jensen also agree that Cappelen has served as the informant without that there have been special cases or operations. Lagdommer Heyerdahl struck, however, stated that Cappelen has been the informant for Jensen at the four specific occasions between 1993 and 2013.
During the preparation of the case gave Jensen a list of names of people that Cappelen might have given information about. This is being given as a hjelpedokument to the jury.
PROCESS: Even if Jensen is today known innocent by the jury, it can be a long process before he is completely exonerated. Video: Nicolai Delebekk Show more Last day
the Whole rettsdagen today have gone to Kristel Heyerdahl rettsbelæring. When this is done, the jury will retire to consider whether Eirik Jensen is guilty or not.
REFEREE: Kristel is New. Photo: Lars Eivind Bones Show more
Jensen was sentenced to 21 years in prison at the Oslo district court, and risk the same now. The verdict was devastating, and the district court did not find the Jensen’s explanation credible.
Forsvarernes strategy to draw Gjermund Cappelen as a huffy informant who talked to the policeman in order to protect themselves and ensure the most straffereduksjon, did not gjenhør.
It has been important for Eirik Jensen that the defenders have fought harder in this round. He has repeatedly stated that he is fighting his life’s battle.
the Ruling from the jury can take a long time or come already in the morning.
Eirik Jensen to the Newspaper: – This is the evidence that gives me hope. Plus
