Posts Tagged ‘co-judges’
The Oslo District Court (Tingrett) decided today that co-judge, Thomas Indrebø, should step down, after it became known yesterday that Indrebø had made strong statements regarding Breivik before being appointed co-judge.
It appears that Indrebø may have an Italian middle (sur)name (Ciccone) that he has not been using when serving as a co-judge in the trial against Anders Behring Breivik.
Using the alias “Thomas Ciccone”, Thomas [Ciccone] Indrebø commented on the Facebook group of VG Nett on July 23 of last year: “Death penalty is the only fair thing in this case!!!!!!!!!!”
Before the trial commenced, another co-judge had to step down after VG revealed that the son of that co-judge was a prominent Labor Youth Organization (AUF) politician.
A reserve co-judge will now take the place of Indrebø.
Yesterday, Breivik objected to the court’s neutrality. He said that the Oslo District Court gets its powers from political parties that support multiculturalism, and that the primary judge, Wenche Elizabeth Arntzen, is a friend of former Justice Minister Hanne Harlem.
The Justice Department was completely destroyed by the 7/22 explosion, and Hanne Harlem is the sister of former Prime Minister and Labor Party leader, Gro Harlem Brundtland.
Google translation [edited for clarity]:
Oslo District Court (VG Nett) Thomas Indrebø (33) is finished as lay judge, because he wrote that the defendant Anders Behring Breivik should be punished with death.
Late last night it became known, via vepsen.no, that one of the lay judges in the 22 July case has taken position on both the question of guilt and punishement reaction in social media. This was new to the court, despite the fact that all the judges in advance were asked specifically about online activity.
It meant that the District Court Judge Wenche Arntzen started rettsdag second with one hour break, so they could make a decision in the unfortunate case.
“His statements are likely to weaken confidence in whether he will consider the question of guilt and punishment sanctions in an unbiased manner,” Arntzen said afterwards.
She pointed out that the fact that such statements was a topic in relation with him being appointed, further weakened the confidence in Indrebø.
“All co-judges have in several meetings been asked whether they have made statements regarding punishment and guilt. That he has not stated this before causes confidence to be weakened further,” Arntzen read from the decision.
The court was unanimous when they decided that Indrebø is disqualified. He did not participate himself in the evaluation.
Both the prosecutors, the defence and plaintiffs’ lawyers agreed that Indrebø had to resign as co-judge when the information about the online activity became known.
The first replacement judge, pensioner Anne Elisabeth Wisløff (71), will take Indrebø’s place. Ole Westerås (46) from Lier will step in as new reserve.
When District Court Judge Wenche Arntzen took up the question of impartiality of the lay judge in court, Breivik smiled. The accused 33-year-old discussed with his defender just after court was adjourned – still with a smile around his mouth….
Original article: Fjernet som medommer etter dødsstraffmelding
The Oslo District Court (Tingrett) has decided that one of the co-judges appointed for the trial against Anders Behring Breivik has a conflict of interest and must step down, reports Verdens Gang (VG).
The individual in question, Ole Johnny Foss, has a son who is a prominent Labor Youth Organization (AUF) politician in Oslo. The shootings at Utøya occurred at the AUF’s annual summer camp for aspiring Labor Party politicians.
None of the participants of the trial questioned the neutrality of Foss until VG began writing about the circumstances over the last few weeks.
Breivik-lay judge is disqualified
One of the lay judges in terrorism case being removed because of his son’s position in the AUF.
Ole Johnny Foss, who was to be a deputy associate judge in the case were known disqualified by the Oslo City Court today. It happened after the VG first mentioned her son’s membership in the AUF.
The court will now draw a new deputy associate judge who will take part in the trial….
The son of Foss is a prominent politician in the AUF capital and committee chairman in one of the districts. He is also vice chairman of the AUF team in the same district. Five days after the terror told his son about the attacks in a Norwegian newspaper, and told also that he knew more people who lost their lives Utøya….
Original article: Breivik-meddommer er inhabil
The Oslo District Court (Tingrett) announced in a press release Thursday that it has decided that three regular co-judges (lekdommere) from Oslo will be appointed for the upcoming trial against Anders Behring Breivik.
In Norway, co-judges are elected by the commune or city council for a period of four years. A 2002 govermental review of the co-judge system (“‘Dømmes av likemenn’: Lekdommere i norske domstoler” – “‘Judged by peers’: Co-Judges in Norwegian Courts”) documented that co-judges are not representative of the population at large, and concluded that in most cases co-judges do not represent the accused’s peers. For example, almost half of all the co-judges held positions in political parties while serving as co-judges and only one-third of co-judges have never held a position in a political party. The assignment of a co-judge to a particular case is supposed to be decided randomly.
One of the plaintiff’s lawyers, Halldis Winje, requested in January that regular co-judges not be used, but instead suggested that the court appoint co-judges with professional expertise in psychiatry. The court rejected that proposal, pointing out that four court-appointed psychiatrists have already been appointed and will be present during the main trial proceedings.
The only time someone accused of a crime in Norway is entitled to a trial by jury (with regular citizens selected at random as members of the jury) is at the intermediate or appellate court level, the lagmannsrett.
The Oslo District Court (Tingrett) will decide next week who will act as co-judges in the Breivik trial.
Next week will be withheld from the three persons to be lay judges in the trial of Behring Anders Breivik.
The Oslo District Court said in a statement Thursday afternoon….
Lay judges are elected, elected by the municipal or city council, and the term is four years. Courts Act stipulates certain requirements for who can be elected lay judges:
Among other things, you must be 21 years and under 70 years of age, be entitled to vote and be eligible for election to the council. You must be a Norwegian or Nordic citizen or have been introduced in the Norwegian Population Register as resident in Norway for the last three years. There is also a condition that you speak and understand Norwegian. Furthermore, there are requirements to lay judges obeying the law….
Original article: Tre vanlige Oslo-borgere skal være med på å dømme Breivik
2002 governmental review (in Norwegian): “Dømmes av likemenn” Lekdommere i norske domstoler