- Man stabbed - Defendant again in court
Nearly two and a half years after a fatal drinking binge in Hamburg-Lohbrügge, a 42-year-old man is back in court. The Hamburg Regional Court had acquitted him of the charge of malicious murder in March last year. However, the prosecution appealed against the verdict, and the Federal Court of Justice ordered a retrial at the regional court.
The defendant is accused of stabbing his sleeping acquaintance in the chest with an unknown object, about seven centimeters deep, during the drinking binge on March 23, 2022. The 43-year-old victim died in the defendant's apartment. The new trial began on Thursday, with the press office of the court setting six further trial days until September 19.
Girlfriend of the defendant also suspected
In the first instance, the court could not definitively establish who was responsible for the death of the 43-year-old. Both the defendant and his girlfriend were suspected. "Unfortunately, we cannot determine whether the defendant killed his acquaintance," the judge said in her reasoning. It could also have been another woman present.
The Federal Court of Justice criticized that the chamber of the court had not properly evaluated the evidence. It had not been examined whether both the defendant and his girlfriend, due to their body size, were capable of delivering the fatal blow. Furthermore, the chamber should have given more consideration to the fact that the defendant had a high affinity for weapons and had become aggressive under the influence of alcohol on several occasions. In an earlier dispute with the later victim, he had even had a knife in his hand.
Defendant with affinity for weapons
The trial at the regional court was linked to two other proceedings. In one case, the defendant had to answer for violating the Weapons Act by shooting at ducks in a green area with a blank-firing pistol. In a second case, he was charged with false imprisonment and dangerous bodily harm. He is said to have prevented a acquaintance from leaving by shooting him three times with a soft air pistol from three meters away during a drinking binge in December 2020. For these offenses, the defendant was sentenced to one year in prison.
Committal to psychiatry is final
As the 42-year-old poses a danger to public safety, the judge ordered his commitment to a psychiatric hospital. The defendant's appeal against this remained unsuccessful. The man of Russian descent had come to Germany from Kazakhstan at the age of 20, according to the Federal Court of Justice.
The prosecution's appeal against the acquittal of the defendant was upheld by the Federal Court of Justice, leading to a retrial at the Hamburg Regional Court. During the retrial, the court will reevaluate the evidence in light of the Federal Court of Justice's criticism, particularly concerning the defendant's affinity for weapons and his aggressive behavior under the influence of alcohol. The Court of Justice will consider whether both the defendant and his girlfriend, due to their body size, were capable of delivering the fatal blow.
