Defendant: One detail would have completely acquitted the client

The 34-year-old himself has explained that he was seconds away from being hit in the head with an iron bar, when he stuck a knife in Yusuf’s chest in an apartment on Tøyen in Oslo on 15 May last year.

The man claims he acted as an emergency guardian and appealed the verdict to the Borgarting Court of Appeal, after receiving the same sentence in the Oslo district court.

The appeal case was heard in September, and the judges in the appeal case do not agree on whether the conditions for an emergency guardian have been met.

A majority of five judges believe that the conditions have not been met, against a minority of two.

– Very disappointed

The majority of the court considers the conviction’s acknowledgment that it was he who carried out the stabbing counts as mitigating. This means that he receives a slightly lower sentence than is normal in this type of murder case.

The Court of Appeal, like the District Court, sentences the man to nine years in prison.

DEFENDER: Lawyer Øyvind Bratlien warns that the sentence of nine years’ imprisonment will be appealed. Photo: Thomas Evensen / TV 2

– The client is very disappointed with the result, says defense attorney Øyvind Bratlien to TV 2.

The man has also been sentenced to pay NOK 200,000 in compensation to the bereaved.

– He finds a meager consolation in the fact that a minority of two, including an expert judge, would acquit on the grounds of emergency guardianship, and also acquit him of claims for compensation. In addition, there was dissent from the majority.

Appeal the sentence

Bratlien believes the outcome would have been different if the 34-year-old had not been the defendant.

– If it had been John from the states, Gaute from Molde, Carl Philip from Bærum or even Johnny from Stovner who had been charged, and not Hassan from Somalia, I am one hundred percent sure that he would have been acquitted.

STATE ATTORNEY: The prosecutor in the case, Johan Øverberg, is satisfied that the court has assumed the same sequence of events as the prosecution, Photo: Håkon Mosvold Larsen

STATE ATTORNEY: The prosecutor in the case, Johan Øverberg, is satisfied that the court has assumed the same sequence of events as the prosecution, Photo: Håkon Mosvold Larsen

He adds that the verdict will be appealed. The prosecutor in the case, state attorney Johan Øverberg, says he will not comment on Bratlien.

– We are satisfied that the court has assumed the same sequence of events as the prosecution and that the majority agrees with us that this was not an exculpatory act of emergency guardianship.

The public prosecutor says they are taking note that the judgment has been appealed.

“It darkened for me”

The accused man was out on weekend leave from a drug addiction institution in Oslo when the murder occurred.

Despite an extensive police manhunt, it took a day before the defendant was arrested.

COURT OF APPEALS: The Borgarting Court of Appeal has sentenced the 34-year-old to nine years in prison.  Photo: Berit Roald / NTB

COURT OF APPEALS: The Borgarting Court of Appeal has sentenced the 34-year-old to nine years in prison. Photo: Berit Roald / NTB

The convicted man denied in the first interrogation that he had killed anyone, but laid his cards on the table in a conversation with a psychologist.

“It dawned on me. It was a defensive instinct. I lost control,” he told the psychologist, according to the verdict from the Borgarting Court of Appeal.

In court, the defendant was open about his drug problems, which began already in his teens. The man came to Norway without his parents when he was of primary school age.

He dropped out of school early, has not entered working life, is currently disabled and diagnosed with PTSD.

He is also not unknown to the police from the past. In 2014, the defendant was sentenced to eight months in prison for violence.

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