In the beginning of August found the homeless man, Gheorghe ”Gica” Hortolomei Lupu, dead in a park in Huskvarna, sweden. The autopsy showed that EU migrants from Romania died by förblödning from internal injuries.
the Two boys soon came to be suspected of the man's death, a 16-year-old and a 14-year-old. In the judgment, which The district court presented on Friday mean that it was not proved that the boys caused the man's death.
that 16-year-old and 14-year-old, together and in agreement, has assaulted the man with punches and kicks”, writes The district court in a press release.
the 16-year-old convicted of aggravated assault to five months of inpatient care. The right do not believe that the abuse has been of such a character that it shall be assessed as extremely rough.
the 14-year-old is not straffmyndig and therefore can not be judged, tingrätten have only investigated the question of guilt in his case. 16-year-old convicted also of molestation since the court concludes that he threw the apples against the man earlier in the evening.
both the boys ' lawyers say to TT that they are in favour of the judgment but at the same time, is 16-see her bold fashion lawyer critical of the district court's finding that the boys acted in concert.
" It has not been a question of agreeing on anything before, or even on the spot. It has been a course of events that simply escalated, and then it is difficult to say what is happening in the consensus, and what doesn't, " says 16-årigens lawyer Anders Tolke to the TT.
the main reason that it can be proved that the boys caused the man's death is that the man may have died up to three and a half hour after the boys left the site.
" It has been crucial to the outcome of that matter has been that there are a lot of flaws in the investigation. It has especially come to light when the pathologist was in the right, to direct the same morning when I met the dead person there was no forensic pathologist who was called to the scene, says rådmannen Tord Edlund.
He believes that a forensic pathologist could take samples directly at the site that had been able to determine the time when the man died more exactly. At the same time shows the autopsy of the body to dödsförloppet gone very quickly.
"It means, therefore, that there is a period of three and a half hours where there is not presented any analysis of what happened, and then consider the district court that there may be alternative turn of events as it can not be ignored," says Tord Edlund.
the requested 240.000 sek in damages from the two boys and their parents. The district court does not grant them compensation because it is not proven that the two boys caused the man's death.
”the Reason is that compensation to relatives for personal injury in the form of mental health problems mainly can be considered in the event of death due to intentional behaviour or gross negligence,” writes the district court.
the DN has searched the prosecutor, Linda Schön.Link to the Scribble-flow