"The alternative suspicions of gross abuse and gross negligence to the death of another means that the prosecutor does not fully believe that he can prove a murder," said lawyer Torgny Dahlberg, who represents one of the accused men.
It was on July 31 last year that the 70-year-old man was reported missing after a visit to the hairdresser in Markaryd. Ten days later, his dead body, bound to his hands and feet, was found in a forest lot. Later, two men were arrested for murder. One of the men was arrested in Germany, the other in Poland. Both deny the charges.
The suspected men, aged 50, were part of a travel company that was on their way to Adak in Västerbotten to pick berries when their car broke down outside Markaryd. According to the prosecutor, the 70-year-old was killed in connection with the two men stealing his car.
Tried to withdraw moneyAccording to the police, since the stolen Volvon has changed registration plates several times during the trip to Västerbotten. One of the accused men has also been caught in the picture when he tries to withdraw money with the 70-year-old's bank card in Stockholm.
Although the stolen car is not found and the lack of technical evidence from the crime scene, Prosecutor Gunilla Öhlin previously told SVT that she thinks the evidence looks good.
"The way the 70-year-old was found and the injuries he sustained is the strongest evidence that the men killed him," she said.
However, in the forensic doctor's statement there is no clear cause of death and, according to Torgny Dahlberg, there is no clear picture of damage that indicates murder.
- The injuries described can also be explained by the fact that the body has been in the forest for so long, he says.
Do you mean that your client should be acquitted of all the charges against him?
- Since he denies all involvement and the evidence looks like it does, I mean he should be released, says Torgny Dahlberg.
The trial is scheduled to last for nine days over a period of three weeks.