Man charged with murder convicted of prison assault in Svendborg – new case before Islands Brygge trial
A 31-year-old man charged with the death of a Swedish man at Islands Brygge has been convicted on Friday of assaulting a fellow inmate in prison. The trial in the murder case begins on 7 October in Copenhagen City Court.
Prison assault in 2022 results in three months' imprisonment
TV 2 Nyheder reports that a 31-year-old man on Friday has been sentenced to three months' imprisonment at the Svendborg Court for, together with two others, having assaulted a fellow inmate. The man is the same person who on 7 October is to appear in Copenhagen City Court charged with a punch at a World Cup big-screen event at Islands Brygge in 2022 – a blow that cost the life of a 32-year-old Swedish man.
The assault in prison occurred just a few months before the 31-year-old completed a seven-year prison sentence for attempted murder.
CCTV footage documented the attack in common area
According to the case, the three men in 2022 entered the injured fellow inmate's cell, allegedly because he was shouting and harming himself, as all three defendants explained in court on Friday. Video material from a common area in the prison documented parts of the episode, but what specifically took place inside the cell is not evident from any recording.
The charge was that the victim suffered several punches and kicks to the body and face, and that a chokehold allegedly left red marks on both sides of his neck. He broke his nose and a rib and sustained a concussion.
The 31-year-old provided no explanation himself in court. The prosecutor assessed that he was probably frightened, while the man himself said that as a substance abuser he has damaged his memory.
Mild assault provision – same as in the Islands Brygge case
The court found that the missing explanation from the victim made it impossible to establish what had happened in the cell. The three men were therefore not convicted of aggravated assault as charged, but instead under the mild provision § 244 of the Penal Code.
The judge emphasised, however, that the sentence within that provision should be at the upper end:
– Also taking into account your very, very serious record, the judge said to the three defendants, who all have several serious assault convictions behind them.
It is precisely the same provision – § 244 – that has also been brought as a charge in the Islands Brygge case, something that has led to debate and criticism of both the Penal Code and the prosecution authority. If violence falls within § 244, section 246 on violence resulting in death cannot be applied. The prosecution assesses that a single punch falls under § 244.
Recidivism and ethnicity debate
The 31-year-old's previous convictions are relevant in the Islands Brygge case, as assault in cases of recidivism is considered an aggravating circumstance in Danish legal proceedings. According to commentary on the Penal Code, however, the effect of recidivism ceases after ten years.
The man's ethnic background has also been the subject of public debate. Prime Minister Mette Frederiksen (S) commented on the case in a Facebook post, writing that there is a pattern of crime committed by people who have come to Denmark from abroad.
– That is so wrong and not the country we want to be. And no one should be allowed to transform us into that, Frederiksen said.
The defendant is of African origin, came to Denmark as an infant and has since become a Danish citizen.
Case postponed five times
The 2022 assault case has had a long passage through the court system. Five times previously it has been cancelled or postponed – both because the now 31-year-old and the injured party were absent. Prior to Friday's court hearing, both were held in custody or remand prison in other cases and were presented by the Prison and Probation Service.
All three convicted have requested time for consideration regarding appealing the judgment.
Source: TV 2 Nyheder