The three eldest in a sibling group of five in Sunnmøre have been awarded millions in compensation after a year-long legal process. The siblings were subjected to severe violence by their father when they were small, and owe the local municipality where they lived for not having intervened. Last spring, the two youngest were awarded compensation in the million range. After several rounds of court, the three oldest also get the same. This is confirmed by the judgment in the Frostating Court of Appeal. – Eight years of work have finally come to fruition. There is no one in the world who deserves it more than these, I would say. Finally they get justice, says Mette Yvonne Larsen. She has spoken to the group of siblings and says they are overjoyed. Mette Yvonne Larsen believes the three eldest siblings are entitled to millions in compensation. Photo: Mia Sofie Ytreberg / news – Were afraid all the time The judgment in the Frostating Court of Appeal states that the home municipality of Ulstein should have reacted to the information they received about the family: “In contrast to the assessment in the Court of Appeal’s judgment on 9 March 2023, the majority, however, believes that the municipality of Ulstein should have examined the case in more detail from September 1971 at the latest”, the judgment states. The case went to court in April, with the entire sibling group present. Once again, the court heard horrific stories about what happened behind the walls in the family in the 50s, 60s and 70s. – What they remember best from childhood is that they were afraid all the time. In our view, this has not been taken into account enough in the previous judgment when it concerns violations of the ECHR, said lawyer Tonje Lilaas Larsen, who represents the siblings together with Mette Yvonne Larsen. In addition to assessing the compensation claim from the three elders, the Court of Appeal has also assessed whether all five are exposed to violations of the European Convention on Human Rights (ECHR). Lawyer Mette Yvonne Larsen has represented the siblings through several court cases. Photo: Josef Benoni Ness Tveit / news Demanded compensation of over NOK 40 million The lawyers asked for over NOK 40 million in compensation for the three siblings: Margareth Øvrelid: 11 786 768 Sveinung Vikene: 16 204 015 Egil Øvrelid: 13 304 767 – A ruined life can never be repaired, but it can be compensated, said the lawyer for the Øvrelid siblings, Mette Yvonne Larsen, when the Court of Appeal heard the case in April. The siblings sue the municipalities In 2018, the siblings, with the help of lawyer Mette Yvonne Larsen, sued the municipality of Hareid and Ulstein and asked for compensation. Is the case time-barred? The district court then said that they would not process the case fully until they had an answer as to whether it was time-barred or not , meaning that what had happened was too long ago for the court to say anything about it. Yes! In October 2020, they concluded that it was time-barred, and did not want to process it. The Øvrelid siblings appealed the decision to the Court of Appeal. Not time-barred nevertheless, the Court of Appeal held in the spring of 2022 that the case was not statute-barred and that the siblings could therefore advance their compensation claim to the municipalities. The Supreme Court said no, and Ulstein Municipality appealed the decision to the Supreme Court. They said no to dealing with the duck, because the case was not principled enough. A full court case The compensation case was thus fully dealt with in the Frostating Court of Appeal just before Christmas 2022 – four years after the lawsuit came. Josef Benoni Ness Tveit Judgment in the Court of Appeal The judgment in the Frostating Court of Appeal came in March 2023: The two youngest siblings received compensation from the municipalities. The three oldest did not receive compensation. The decision was appealed to the Supreme Court. Josef Benoni Ness Tveit Revoke the judgment In September 2023, it became known that the Supreme Court annulled the entire judgment from the Court of Appeal for the three oldest siblings. They will thus bring their case up for a new hearing in the Frostating Court of Appeal in March and April 2024. Request for acquittal for the municipalities Attorney Terje Marthinsen represents Hareid and Ulstein municipalities, and asked for acquittal when the case went before the Court of Appeal in April. He stated that a lot needs to be done before the child protection service can take over the care of the children. Lawyer Terje Marthinsen believes that the municipalities of Hareid and Ulstein did what they could to take care of the flock of siblings. Photo: Mia Sofie Ytreberg / news – We cannot rule out that it has been chosen in the home, and we cannot rule out that it has been systematically chosen. But it has not been proven, he said. Published 26.06.2024, at 08.45 Updated 26.06.2024, at 08.55
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