A Polish witness has declined to testify in the appeal case against Kjetil Melbye Mathisen, convicted of double murder in Porsgrunn. The man previously testified for several days during the district court trial but has now returned to his home country.
Prosecutor Ellisiv Bentdal confirmed the development as the appeal case opened in Agder Court of Appeal. The witness has no legal obligation to appear in Norwegian court proceedings.
Mathisen received a 21-year custodial sentence this summer for the murders of Kine Einarsen (28) and Stig Kyrre Nybråten (54). Einarsen died from extensive burns after being set on fire in September 2022. Nybråten died ten months later while holding witness status in the case.
The convicted man has consistently denied criminal responsibility for both deaths. His appeal trial will continue through February.
Prosecutors plan to play recordings of the Polish witness's original testimony during appeal proceedings. Defense lawyer Espen Refstie calls the witness's absence "extremely unfortunate."
"He and another person are the only eyewitnesses," Refstie stated. "We'll lack the opportunity to question two completely central witnesses. This is a huge problem."
The court must now decide whether to admit the recorded testimony as evidence. Refstie noted his client has been in pretrial detention for over two years.
Mathisen began his testimony Tuesday afternoon, maintaining he doesn't know what happened when Einarsen caught fire. His explanation continues Wednesday morning.
The case involves particularly brutal circumstances - Mathisen was convicted of dousing his girlfriend with gasoline and setting her alight, then later strangling the eyewitness to death. The severity of these crimes led media to identify the convicted man despite normal privacy considerations.
Norwegian courts rarely grant custodial sentences, reserved for cases where defendants pose significant future danger to society. The district court found Mathisen likely to commit serious future offenses.
This appeal represents a critical test of Norway's justice system, balancing defendant rights against the need for thorough investigation when key witnesses become unavailable.