Sun, Nov 26, 2006
Upholds Appeal Arguing Eight-Year Sentence Too High
A Russian man convicted
of stabbing a German air traffic controller to death in 2004 has
won a retrial on appeal in the Swiss courts.
The Zurich court of appeal says Vitaly Kaloyev's sentence of
eight years is too high -- despite the premeditated nature of the
crime. Defense attorneys had argued during the trial that Kaloyev's
case was one of involuntary manslaughter, an offense punishable
with a three-year sentence in Switzerland.
In the original trial,
Kaloyev faced charges of first-degree murder when he stabbed
Skyguide air traffic controller Peter Nielsen to death. He was
instead convicted of premeditated homicide.
Nielsen was the only controller on duty the night in July 2002 a
Tu-154 operated by Bashkirian Airlines collided in flight with a
DHL cargo jet. The subsequent crash killed 71 people on both planes
including Kaloyev's wife and two children.
Nielsen reportedly responded to a computer warning of the
pending collision by directing the Russian airliner to descend.
Unfortunately, the descent moved the airliner directly into the
path of the freighter. An investigation of the accident by German
authorities blamed both Nielsen and the Russian pilots.
Kaloyev's lawyers argued during the trial for a reduced charge
of manslaughter saying he was under tremendous psychological stress
-- Kaloyev claims he remembers nothing of murder. Nielsen died in
front of his family following Kaloyev's attack.
The Appeals court decision means Russian architect Kaloyev's
case will go back Zurich's Superior Court.
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