{"id":2554,"date":"2022-06-16T14:46:28","date_gmt":"2022-06-16T14:46:28","guid":{"rendered":"https:\/\/teknomers.com\/en\/prosecutor-asked-for-acquittal-news-norway-overview-of-news-from-different-parts-of-the-country\/"},"modified":"2022-06-16T14:46:29","modified_gmt":"2022-06-16T14:46:29","slug":"prosecutor-asked-for-acquittal-news-norway-overview-of-news-from-different-parts-of-the-country","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/prosecutor-asked-for-acquittal-news-norway-overview-of-news-from-different-parts-of-the-country\/","title":{"rendered":"Prosecutor asked for acquittal – news Norway – Overview of news from different parts of the country"},"content":{"rendered":"\n

The man was sentenced to prison in the district court in January. He appealed, because he thought he was the victim of an illegal search. The Borgarting Court of Appeal ruled in his favor today. All the judges thought, after a long discussion of the question, that the search of the man’s home was illegal. It is not allowed to grow cannabis at home, as the man has done. But the Court of Appeal found on Thursday that it was also not allowed for the police to search the man’s home without calling the police lawyer first. A majority of four judges thought this was enough that the evidence against the man could not be used. The man found the search offensive. Photo: Julia Thommessen \/ news Thus, both the prosecution and the man’s defender, Wahid Shah, have requested that the man be acquitted. – If it does not stand, then I lose confidence in the judiciary as well. I lost confidence in the police a long time ago. If this remains for the future as well, I will say that I have confidence in the judiciary, the accused man tells news. He wants to remain anonymous, but news knows his identity. He and the defender have also recently reported the police officers to the Special Unit. The majority thought the search was illegal In September 2020, the police decided to follow a van outside a town in Viken county. The report does not state why the police chose to follow the car. A test was performed to detect signs and symptoms of intoxication. The police’s opinion was that the man appeared intoxicated, one police officer explained in court. The man and two of his cars were then searched, without any findings being made. The police then entered the man’s residence, without a police lawyer being consulted in advance. The man found the search offensive. – As I told the police, this feels like harassment and abuse, he says. Almost a kilo of cannabis was found in the man’s home, as well as equipment for growing. The man has explained that he grew the cannabis for medical use, but has previously acknowledged the facts. In the district court, he was sentenced to 118 hours of community service, a fine of 75,000 kroner and confiscation of the driver’s license for one year. Defender satisfied with the outcome The man’s defender, associate lawyer Wahid Shah, argued in the appeal that the police seizure was illegal and therefore could not be used as evidence. “In this case, there is a defendant who has lost confidence in the police, due to the way he has been treated,” Shah said in court. To news, Shah says that he is satisfied with the Court of Appeal’s decision. – The evidence has clearly been obtained in an illegal manner. They violate private law, property rights, his physical and personal integrity. It is clear that these considerations take into account the information in the case, when you look at the way the evidence has been obtained, says Shah. Wahid Shah is the man’s defender. He is pleased with the outcome in court today. Photo: Julia Thommessen \/ news The case comes after a long public debate about what kind of coercive measures the police can use in drug cases. In 2021, the Attorney General sent out a circular and emphasized that the police should not use coercive measures as a search to confirm the use of drugs. Now Shah hopes that the verdict in the Court of Appeal, when it is available, can give the police and prosecutors clear guidelines on what kind of coercive measures they can use in drug cases. – Here we hope that the Court of Appeal comes with a thorough decision and puts two lines under the answer to how the search decision should be made in drug cases, and how far different reason extends, says Shah. Prosecutor Hulda Karlsdottir says she had not imagined that the search could not be used as evidence. Photo: Martin Zondag \/ news Will probably appeal After the prosecution had lost its most important card in the case, the man’s explanation was the only thing left of evidence in the case. When the accused took the witness box, he refrained from explaining himself about the seizure itself, in order not to incriminate himself. Thus, prosecutor Hulda Karldsottir came to the conclusion that she had no choice but to request that the man be acquitted of three of four items in the indictment. The only record left was driving under the influence of drugs. – When I am not allowed to present the central evidence, what kind of material it is, and how much it is about, where it was found, then I have not fulfilled the burden of proof I have, Karlsdottir says to news. Karlsdottir admits that she had not envisioned the possibility that the findings made as a result of the search could not be used as evidence. – I was surprised that they won, yes. Because I think it’s wrong law. Karlsdottir believes that the question of whether the search could be used as evidence should have been clarified before the case went to court. When asked whose fault it is that it did not happen, she answers that all parties must think about. – Both the court that has decided that it will happen today, and I who should have seen what happens if this was the outcome, which I may have taken too lightly. It will be the learning, that this must be taken in a case preparation meeting, not during the main hearing. Karlsdottir says she will probably appeal the verdict when it is available.
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The man was sentenced to prison in the district court in January. He appealed, because he thought he was the victim of an illegal search. The Borgarting Court of Appeal ruled in his favor today. All the judges thought, after a long discussion of the question, that the search of the man’s home was illegal. […]<\/p>\n","protected":false},"author":1,"featured_media":2555,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[2435,318,18,16,14,15,17,1720],"class_list":["post-2554","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-acquittal","tag-asked","tag-country","tag-news","tag-norway","tag-overview","tag-parts","tag-prosecutor"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/2554","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=2554"}],"version-history":[{"count":0,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/2554\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/2555"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=2554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=2554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=2554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}