Last December, a man in his 20s was sentenced in the district court to seven years and six months in custody for the rape of a child under 14. The minimum term was set at four years’ imprisonment. Now the sentence against him has been lifted, because one of the co-judges in the case has been critical of immigration on Facebook for many years. That makes him ineligible to judge in cases against persons with a foreign background, according to the Borgarting Court of Appeal. The man who was sentenced to detention in the district court was born abroad. He came to Norway when he was two years old. Rett24 mentioned the case first. More posts Here are some of the posts the co-judge has published on Facebook: Photo: Screenshot/Facebook June 7, 2023 Photo: Screenshot/Facebook June 7, 2023 Photo: Screenshot/Facebook June 7, 2023 Photo: Screenshot/Facebook June 7, 2023 The co-judge has written, among other things, “Congratulations!! Again!!” to a post he shared with a photo of a dark-skinned man that read: “Went on a rampage with a knife and killed and injured people on the Oslo tram. 19 months” The picture is next to a picture of the artist Odd Nerdrum with the text: “Sold his pictures without telling the state, 34 months”, followed by: “Share the picture if you think there is something seriously wrong with the Norwegian criminal justice system. » news has been in contact with the co-judge in question. He does not wish to comment on the matter. Photo: Skjermdump/Facebook 7 June 2023 – Aimed at foreigners When defender Marius Ihlebæk became aware of the co-judge’s posts on social media, he asked the Court of Appeal to assess whether the co-judge was competent. Marius Ihlebæk defends the man accused of raping a child under 14. Photo: Geir Olsen / NTB – The content was, as I perceived it, of a foreign-hostile nature, particularly aimed at foreigners who commit crimes, says Ihlebæk to news. After the posts became known, both the defender, the Court of Appeal, the prosecuting authority and the assistant lawyer in the case believe that the co-judge was incompetent. – It is not very surprising that it was concluded that the sentence should be annulled, says Ihlebæk. Not about freedom of expression Disqualification has basically nothing to do with freedom of expression. It just means that you cannot judge in a specific case, according to lawyer Jon Wessel-Aas. Lawyer Jon Wessel-Aas says it is a burden for all parties involved and an unnecessary waste of resources when lack of competence is discovered late. Photo: Monica Kvaale He is head of the Norwegian Bar Association, and an expert on freedom of expression and media law. At the same time, the content you share on Facebook can cast doubt on your credibility. – If you have expressed yourself in social media in a way that makes you appear to be prejudiced about something that could be decisive for how you judge the specific case, you will therefore be considered incompetent to judge in that case, explains Wessel-Aas. Must return to the district court After the district court’s judgment was overturned, the case was sent back to the state attorney. The public prosecutor has then sent the case back to the district court for a new hearing, says defender Ihlebæk. He believes it is surprising, because the state prosecutor has previously said that the case should be investigated more thoroughly. – I think the state attorney here should consider whether she should maintain this prosecution decision at all, says Ihlebæk. The man who was sentenced to seven years’ detention in the district court has pleaded not guilty since he was arrested and charged.
ttn-69
Rape conviction overturned because a fellow judge spoke critically of immigration – news Oslo og Viken – Local news, TV and radio
