Four men were at an industrial site when one of them was killed with 22 stab wounds.
According to the Court of Appeal, it is proven that the three other men really were at the crime scene but it is not enough that two of them have unanimously pointed out the third as the killer. All three are therefore completely acquitted from involvement in the crime, writes the Swedish juridical journal Dagens Juridik.
The 20-year-old man was charged by the Borås District Court for murder and robbery, while two other people were charged for aiding and abetting the same offense.
According to the indictment, the 20-year-old, along with the other two persons, went from a apartment to an industrial site in Borås. According to the prosecution, the 20-year-old then robbed and killed a 26-year-old man with repeated stabs to the torso and neck. The victim had a total of 22 stab wounds in the body.
The 20-year-old refused all allegations and claimed that he had not even been at the scene of the crime.
One of the co-defendants stated, however, that the violence was based on a discussion of a debt between the 20-year-old and the 26-year-old.
The district court found that the two co-defendants in both hearings at the trial and in the filmed reconstructions had pointed out the 20-year-old as the perpetrator. According to the district court it was required, however, that the information was clearly supported by other evidence.
The prosecution had relied on its investigation into phone positioning, but according to the district court, this is too uncertain. Forensic evidence from the crime was missing.
The court said in its reasoning:
"In order for a conviction to be based on the co-defendants information, generally these data must be clearly supported by other evidence. When, as in this case, it involves four people who have been on the site and one of them was killed by one of the others, and only the survivors know what has happened, there is of course all the reasons for each of the survivors to strengthen his own role."
"For one of them to get a conviction because of the others information, in this situation it is required that these data may be very strongly supported by other evidence. Such evidence is not available in this case. In assessing whether there are alternative courses of action that might have happened, the options are that the roles of the co-defendants are different from what the prosecutor and Y and Z (the co-defendants) have described."
The court therefore acquitted all defendants.
This is not the first such case coming out of the Swedish juridical system lately, which several police officers have called completely broken:
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