Frauenfeld court must rely on circumstantial evidence in murder trial
Published: Tuesday, Feb 27th 2024, 14:20
Updated At: Tuesday, Feb 27th 2024, 14:20
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In the trial for a homicide in the district court of Frauenfeld TG, the battle for the persuasiveness of the indictment continued on Tuesday. According to the two defense lawyers, "the foundation of evidence" collapses at the slightest breeze.
The accused are a 63-year-old Swiss landlord and a 59-year-old Italian crane operator. The two are alleged to have murdered a 27-year-old Egyptian man in December 2007 and dumped him in Lake Barchet in Thurgau. Both deny any guilt. Their defense lawyers demanded full acquittals.
The public prosecutor is calling for the two men to be convicted of murder and each sentenced to life imprisonment. The court can only rely on circumstantial evidence. The verdict is scheduled for next Monday.
At the center of the indictment is a statement that the Swiss man made to undercover investigators at the beginning of 2022. According to the prosecutor, his detailed descriptions of the planning and execution of the crime contained "classic perpetrator knowledge".
Statement to undercover investigators central
The prosecution relies on the credibility of these statements by the Swiss man. Both defense lawyers tried to shake this. They sharply criticized the prosecution's indictment. In particular, they complained that the use of undercover investigators was inadmissible and that the Swiss national's statements should therefore not be used.
Overall, the circumstantial evidence was very thin and the evidence would collapse at the first unbiased glance. Even the sequence of events described was "refuted by the forensic report". The accused had simply fabricated to the undercover investigators, had played the tough guy and had obtained his knowledge from the media.
"My client was lying in bed"
The Italian's defense lawyer tried to take him out of the line of fire from the outset. It was simply impossible that his client could have been involved in the crime. At the center of his remarks was a medical certificate. It had been issued to his client a few days before the time of the crime.
The man had been suffering from recurring back problems long before the homicide in December 2007, which had always put him completely out of action. In those days in December, the ailment had once again become acute. He would never have been able to participate in the transportation of a corpse.
His client also had a clear alibi: he had been lying in his bed in hellish pain. The High Court also saw it this way and ordered the man's release from three months' pre-trial detention in November 2022.
Public prosecutor counters criticism
The public prosecutor fired back sharply. The defense lawyers had omitted, twisted or misrepresented things as they saw fit. The Swiss man's statements in no way contradicted the forensic report. The accused was not simply a "chatterbox".
The deployment of the undercover investigators was justified by law and approved by the compulsory measures court. And the medical certificate was not a general alibi. The doctor had not been able to make a binding assessment of the Italian's constantly changing pain on the evening of the crime.
"Liquidation order" from wife
According to the indictment, the two accused allegedly shot the young Egyptian man they knew and dumped him in Lake Barchet in Thurgau. They are said to have received the order to "liquidate" him from the victim's Swiss wife, who wanted to get rid of her violent husband.
The body was discovered on December 13, 2007, weighed down with a concrete element tied around the body with ropes. The forensic experts found four gunshot wounds, one of which was to the head.
Despite extensive investigations, the police were unable to track down the perpetrators. The homicide became a so-called "cold case". It was not until years later that the prosecuting authorities reopened the case. Undercover investigators were also deployed. The two suspects were arrested in August 2022. The Swiss man is still in custody today.
©Keystone/SDA
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