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In front of the judges, 38-year-old Berdan (name changed) is wearing gray sweatpants, a black windbreaker and bright blue shoes. He looks exhausted and beaten, looks older than him – at least ten years old. The last year of incarceration seems to have influenced it.
In the second question of the president of the court, Reto Leiser – How long had Berdan already known his victim, Lado (name changed) – he burst into tears. "It was my childhood friend, we came together to Switzerland," translates the interpreter.
Under alcohol and drugs
At the time of the crime, the accused was only one month in Switzerland. He came here for health reasons: "I am asthmatic, it was said that there were the best doctors here," says Berdan. Shortly after, he must stop the trial – he is dizzy, he needs a glass of water.
But he can only vaguely answer the questions of the court afterwards. He can not describe a clear action plan, he has forgotten too much. From the interrogations and injuries, however, the court can reconstruct a sequel: the two Georgians were already in conflict in Bern because Lado was drunk and under the influence of cannabis.
After returning to the Buchs asylum, they left to talk to each other. The situation worsened in the street in front of the property: Lado allegedly strangled Berdan, who then took his Swiss army knife out of his pocket and stabbed his friend.
He died of internal and external bleeding. "If I could go back in time, I would give my life for hers," said the accused sobbing in court.
25,000 francs of satisfaction
While the prosecutor's office has pleaded deliberate killing and Berdan for a 10-year prison sentence and that a national referendum requires 15 years, his advocate relies on self-defense. His client had feared for his life and only because of the pocketknife.
The injury suffered by both parties plays a major role: the prosecutor Hans Frey emphasizes in his plea that the injuries of the accused did not put his life in danger. Therefore, the knife attack is not considered a self defense. Defender Ian Graber, meanwhile, justifies his claim for acquittal by stating that there should be no bleeding stagnation to defend himself.
After a little over an hour of counseling, the president of the court, Reto Leiser, announced the verdict: acquitted Georgian. He pointed out that no witness could confirm or refute the testimony of the accused.
The fact is, however, that Berdan was strangled without question, says Leiser. "You do not have to show bleeding to act in self defense." In the case of the defendant, the chalk marks were clearly visible, "says the president of the court. Acquittal: Because of his experience of judo and his military knowledge, Lado was physically far superior to the accused.
For his stay in prison, Berdan was awarded a grant of 25,000 francs. With the acquittal, the issue of national referral is also useless. However, Berdan tells the court that he wants to return to Georgia.
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