The film seen by the court will show that Bye rapes one of his patients by inserting fingers and objects into her vagina during a gynecological examination at the doctor’s office. But when the court was shown the video, the defendant and his lawyers reacted. Later, state prosecutor Eli Nessimo was able to confirm that the video file did not show the right woman. – This is something that should not happen and it is regrettable both for the accused, the offended party and for the court, said Nessimo. Arne Bye’s defender, Erlend Hjulstad Nilsen, says both he and Bye reacted when they saw the video. – The information in the video does not match what is in the journal. It makes you react, says Hjulstad Nilsen. It has been announced that large amounts of video evidence will be shown further in the case. – We must be sure that what is shown is actually the patient it should be, says the defender. He says he has confidence that the police will now do some work to ensure that the correct material is shown in court. At the same time, he is aware that the scope is large. – There are 6,000 hours of video, I don’t think we can be sure until we are finished. Wrong woman When the video file was played in court, Arne Bye and the two defenders reacted. After meeting activities during the break, the state attorney returned. – There was input from the defense and defendant during the break, who question whether it is the right patient on the video, state prosecutor Eli Nessimo told the court. Nessimo said that they had not been able to clarify whether the woman in the video is the same one who gave her statement to the court earlier on Wednesday. – We cannot say with certainty that it is. District judge Espen Haug then decided that the court had to take another break to get clarity on the situation. It then became clear that it was the wrong woman in the video. The woman who gave her statement did not wish to be present in court when the video was played. She had therefore left the courtroom when the video was shown. The picture is taken from the video that was shown to the court on Tuesday. It is Arne Bye who has the film from the examination room at the doctor’s office. Photo: The image taken from one of Arne Bye’s cameras / Released by the police Will go through the material State Attorney Eli Nessimo says this is a mistake that should not happen. – We will do everything we can to ensure that this does not happen again, she says. She says that she regrets the error and that the prosecution will now show the correct file, which she says shows what Bye is charged with. The indictment stands as it is designed, says the state attorney. Head of investigation Eivind Guldseth says it is good that the defendant discovered that it was the wrong woman in the video. – It is very good that he did it. This is an error that should not happen. He said that the video material is very extensive. – Not that it’s an excuse, but more of an explanation of how it can happen. – Now we have to go through everything that will be shown in court and make sure that it is the right person offended in the cases where we do not see the face. Neither Guldseth nor Nessimo wished to say anything about who the woman the court saw the video of is. Both state attorney Eli Nessimo and investigation manager Eivind Guldseth say they will do what they can to ensure that the mistake does not happen again. Photo: Bjarte M. Johannesen / Bjarte M. Johannesen – Unusual Kjetil Kolsrud, editor of rett24.no, says the situation is special. – It is definitely not common for wrong evidence to be presented in court, but this is not a common case either. He says it is understandable that such extensive video material can make the logistics demanding. Kolsrud believes that there could be consequences if the prosecution has based one or more charges on the wrong basis. – Then it will be important for whether the court finds exactly these charges sufficiently proven. If it is only a technical mistake, it will probably have no consequences for the outcome of the case, he says. Acknowledged rape The trial continues after the confusion that a video showing the correct woman was shown. Later, two other women also told their stories from the doctor’s office. A video was shown which, according to the indictment, shows Bye raping the women by inserting fingers and objects into their vaginas and anus. For one of the women, Bye admitted to having abused his position to obtain sexual intercourse. He also made a partial admission to the charge which deals with the rape of the same woman. – It was undeniably inadequate. I see that, Bye said in court and called it an “additional confession”. Woman had the case dismissed In the past, women have also been confused in the video material from the doctor’s office. On the same day that the trial against the former municipal superintendent started, it became known that a woman had had her case dropped. The reason was that the State Attorney had looked at the wrong video file when they prepared the indictment. – It later turned out that the video file did not apply to the victim in question, Nessimo said at the time. Later, the woman had her case dropped. – When we were able to obtain the correct video file, it was our assessment, combined with other evidence, that the case had to be dropped due to the position of the evidence. 77 of the total of 94 offended women are said to have been found in the video material, which in total is 5,500 hours long. Hello! Are you or someone you know affected by the Frosta case? Do you have an experience or story to tell? Or do you have input or tips on who we should talk to? Then we would very much like to hear from you! All information will be treated confidentially. Julie Haugen Egge, Henning Levold and Sunniva Skurtveit Journalists at news TrøndelagSend us an e-mail Published 20.11.2024, at 11.07 Updated 20.11.2024, at 18.16
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