Motions for life imprisonment or acquittal at the trial in Frauenfeld
Published: Monday, Feb 26th 2024, 18:20
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On Monday, the prosecutor and one of the two defense attorneys presented their motions in the circumstantial evidence trial for a December 2007 murder at the Frauenfeld District Court. The prosecutor demanded life imprisonment for murder, the defense attorney demanded full acquittal.
The accused are a 63-year-old Swiss landlord and a 59-year-old Italian crane operator. The latter's defense lawyer will have his say on Tuesday. The two are alleged to have murdered a 27-year-old Egyptian man in December 2007 and dumped him in Lake Barchet in Thurgau.
The body was discovered on December 13. It was weighed down with a concrete element that was 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 law enforcement authorities reopened the case and also deployed undercover investigators. The two suspects were arrested in August 2022.
In his questioning before the district court on Monday, the Swiss man denied any guilt. As in the investigation, the Italian made use of his right to refuse to testify.
Crime described to undercover investigators
The public prosecutor demanded that the two men be convicted of murder and each sentenced to life imprisonment. The prosecution's case centers on a statement that the Swiss man made to undercover investigators at the beginning of 2022. These were questioned in camera at the start of the trial last week.
He had described the crime to the undercover investigators without being asked. According to the public prosecutor, he revealed "classic perpetrator knowledge".
The Egyptian's Swiss wife had wanted to get rid of her violent husband and drug dealer. After unsuccessfully trying to have him deported by the authorities, she ordered the two accused to kill him.
According to the prosecutor, the Swiss man's account to the undercover investigators was consistent with the situation when the body was found, the findings of the forensic experts and the other evidence. There is no doubt about the perpetration of the two accused.
Defense attorney sows doubt
There could be no question of that, said the Swiss man's defense lawyer. He made every effort to sow doubts in the court about the perpetration of his client and thus also about the Italian accused as an accomplice. A guilty verdict may only be reached if the court has no reasonable doubts.
The indictment contained contradictions, inconsistencies and even "obvious and shameless untruths", criticized the defence lawyer. In addition, the investigation was one-sided: Only "incriminating elements to the disadvantage of the accused" had been sought. Exculpatory factors had been neglected.
According to the defense lawyer, the use of undercover investigators was inadmissible. The legal requirements for this had not been met. The purpose was to deceive his client, to "pull the wool over his eyes" and to get him to make statements that he would never have made if he had been questioned properly.
Accused is "a chatterbox"
The so-called "fraudulent" confession was therefore "obviously not usable". Moreover, the defense lawyer said that the descriptions did not match the findings of forensic medicine. His client was a "chatterbox" who talked a lot.
The Swiss national, who has been in custody since his arrest in August 2022, should be released immediately. He should be compensated for the damage he has suffered and awarded satisfaction for his unjustified detention.
©Keystone/SDA
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