In the von Gunten homicide, the sentencing proposals differ widely
Published: Tuesday, Dec 19th 2023, 15:40
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Life imprisonment or acquittal: the regional court in Thun must reach a difficult verdict in the case of the murder of a young woman from Basel. The woman was killed by a former sexual partner in January 2021 and the body dumped in Lake Thun.
Tied to a building site block with cable ties, divers found the woman's body on January 17, 2021 near Gunten in Lake Thun. The trail led investigators to a former sexual partner of the woman. After his arrest, the 39-year-old man from Basel confessed to tying the woman to the concrete base and dumping her in Lake Thun.
He had previously met her in a remote location near Münchenstein in the hope of having sex. But she had refused. He parked his car, whereupon the woman got out and suddenly fell. He could no longer feel her pulse and thought she was dead. He panicked and decided to "dispose of" the woman's body in a body of water.
Preference for violent pornography
On Tuesday, the public prosecutor took the defendant's version of the crime apart. His predilection for hard violent pornography was known and corresponding material had been found on his computer.
The man had wanted to live out his sexual fantasies of violence with his acquaintance, but she had refused. An argument ensued, during which the man hit her on the head with a blunt, hammer-like object.
The woman, who was not fatally injured, was then an easy victim, just like the women in the violent porn films that the man had watched. "He wanted to see her die," the prosecutor emphasized. That probably aroused him.
The accused had tied the woman's hands and feet with cable ties, against which she had resisted violently. This was indicated by corresponding defensive injuries. Around half an hour later, he must also have placed a cable tie around her neck and pulled it tight. This was attached in such a way that he could see the woman's face while she was suffocating.
The public prosecutor asked the court to sentence the man to life imprisonment for murder, disturbing the peace of the dead, pornography and depictions of violence. In addition, an outpatient therapeutic measure in prison was indicated. If the defendant does not undergo therapy, the question of custody is on the table.
In case of doubt for the accused
The defendant's counsel called on the court to follow the principle of "in case of doubt for the accused". There were "considerable doubts" about the prosecution's statements.
His client undoubtedly had a preference for sadistic-masochistic sexual practices. However, he had always lived this out in consensual relationships. In other words, when both sexual partners wanted it.
It could not be ruled out that the woman had actually injured herself in the fall. There was a stone cross on a sharp-edged concrete base at the scene of the crime.
In addition, a murder weapon was also missing. None of the hammers found on the defendant could be fully reconciled with the injuries, the defense lawyer argued.
His client had thought the woman was dead after the fall. In fact, hypothermia on that January night could have been the reason why the drug-addicted woman had not woken up from a faint for some time.
For fear of consequences, his client had wanted to make the supposed corpse disappear. He drove haphazardly through the area, picked up a building site plinth somewhere and tied the woman to the plinth with cable ties. She must have suffocated in the process. In Gunten, he threw the body into Lake Thun.
His client should be acquitted of the charge of murder, the defense lawyer demanded. He should be sentenced for disturbing the peace of the dead, pornography and depictions of violence. However, as the defendant has already been in custody for longer than this sentence would have lasted, he should be released immediately and compensated for the so-called over-imprisonment. The court will hand down its verdict on Friday afternoon.
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