Huitfeldt has admitted misconduct after dealing with cases concerning listed companies her husband has invested in. Foreign Minister Anniken Huitfeldt (Ap) and her husband Ola Flem. Photo: Naina Helen Jåma / NTB The question has been whether insider trading may have taken place. Økokrim has therefore come to the conclusion that they have no evidence that this has happened. But during the investigations Økokrim has not spoken to either Huitfeldt or Flem. They could not do that without opening an investigation, explains assistant head of Ecocrime Inge Svae-Grotli. – Strict requirements The decision is based on information Økokrim has gathered primarily from media coverage of the case. They have also looked at the timing of the share purchases. – Do you understand that it looks strange that you have not spoken to her yourself, but based yourself on interviews and press conferences? – The starting point is that an investigation must be considered. It is only in an investigation that one conducts interrogations, takes investigative steps, uses coercive measures. Then we have a process in Norway that sets very strict requirements for when you can take the individual measures and actions, says Svae-Grotli to news. Assistant Chief Ecocrime Inge Svae-Grotli says there is special protection when the case concerns spouses. One spouse does not have a duty to testify against the other. Photo: Mathias Revheim-Rafaelsen / news – Is it a difficult system, that you can’t talk to people if you don’t open an investigation? – No, we do not feel that it is a difficult system. We feel that in this, as in other cases, you will have to make overall assessments. New information may then be available at a later date. We have studied and looked at the circumstances and come to this conclusion. Strong defense Huitfeldt has said herself that she wants full transparency about the case. She takes note that Økokrim does not open an investigation, she says to news. – For me, transparency has been important in this matter. Both now and later, I will contribute what is needed so that no one is in doubt that I have put the facts on the table, says the foreign minister. According to Svae-Grotli, it is not quite that easy. – When it comes to oneself or a spouse, it is a strong protection. So even if Huitfeldt basically says she wants full transparency, we must be careful in basing it on a form of consent for her to explain herself to us, without us being in a situation of questioning and investigation. That is why we have not done it. Section 122 of the Criminal Procedure Act states that spouses, relatives in the direct ascending or descending line, siblings and similarly close relatives are exempt from the obligation to testify. – Checkmate Former Ecocrime chief Erling Grimstad criticized Ecocrime on Wednesday for having already said on the same day that the Huitfeldt case broke that they saw no reason to investigate. He believes that the fact that they are spouses makes the matter difficult for the agency he used to lead. – A spouse who has been charged should not experience the other testifying against them. It is an important principle. Thus, Økokrim is a bit checkmate, says Grimstad to news. Erling Grimstad thought Økokrim made a hasty decision when they said they would not investigate Huitfeldt on the same day the case broke. Photo: Eva Marie Bulai / news It is perfectly natural not to speak to Huitfeldt Morten Holmboe, professor of police science at the Norwegian Police Academy says it is perfectly natural not to speak to either Huitfeldt or the man at this stage. – If the foreign minister or the man had been called in for questioning, it would have been natural to say that they are suspects. Then you end up in an investigation. Law professor Morten Holmboe says it is perfectly natural not to talk to the minister in the assessment of starting an investigation. Photo: Rahand Bazaz / news – What kind of information would have to come forward for Økokrim to start an investigation? – Purely hypothetically, it would have to be if you received information that the foreign minister shared information with the man. For example, information that the government was to allocate money to Kongsberg Våpenfabrikk. The fact that this is also a political matter does not characterize Økokrim’s assessments. says Holmboe. – I don’t think it affects the professional assessment, but it is an important matter and they have probably prioritized it purely in terms of time. It would be troublesome for the Minister of Foreign Affairs and the general public if such a matter were left for too long. He believes, in contrast to Grimstad, that it is too early to talk about section 122 of the Criminal Procedure Act. – If you had found reasonable grounds to open an investigation, you would probably have done so even if you could not know whether the spouses would explain themselves, he believes.
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