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.

FMI: www.admin.ch