As a DN previously reported have kulturprofilen Jean-Claude Arnault claims that there have been ”grave procedural error” in the Svea court of appeal and the right ”has been disqualified” in the situation when it sentenced him to two and a half years in prison for two rapes.
Arnault and his representative after the completion of the main hearing in the court of appeal but before the judgment was announced – was added with the new evidence. The letter with the new information was added Friday, 30 november, and the judgment in the case fell on Monday, 3 december.
the Defense later questioned whether the court of appeal took into account the new information when it made its assessment. Arnault believes that right – if it already before the new evidence submitted in its deliberations ”have come further than probable cause” – should be considered as disqualified to judge in the case, and that the trial in such cases shall be taken.
said to DN that it is difficult to assess whether the suspicion of a conflict of interest can be of significance. But on Tuesday, the Supreme court held that firing in their decision about if Arnault will be granted redress. First, you need to wait for the decision in another case, where a similar case of a suspected conflict of interest come to the fore.
In this case, which concerns a våldtäktsdömd lawyer, has HD recently granted a partial leave to appeal. The decision was taken after the defense raised the suspicion that the court of appeals was disqualified when the court took a position on the question of guilt by allowing the accused man to remain in custody and then let the same members judge him solid new evidence submitted and granted.
The goal, according to registrar Mary Ulfsdotter Sound at HD, is preferred to the court during week 13 (25-29 march). The decision from the court will likely be announced a few weeks after that.
”Even in the case of the man who the media termed as the ‘kulturprofilen’ has a similar issue of bias brought against the judges in the court of appeal. The supreme court has now decided to dispensprövningen in the target shall wait until the court has ruled on the case in which leave to appeal has been granted,” writes the HD in a press release.
Experts jävsanklagelsen: ”Seems to be remarkably”
Read more: Kulturprofilen accusing the court of ”grave procedural error”
