On Thursday, the Supreme court held that the judgment against the lawyer in the county and the court of appeal was sentenced to two years in prison for rape against a colleague, in DN called Tyra, stands firm. The decision was then taken position to the man’s appeal to the court of appeal had been biased in his assessment.
”a reasonable basis for the assumption” that the court members not in an impartial way would be able to evaluate the importance of the new evidence.
the Decision on Thursday is expected to be of significance to the case against the kulturprofilen Jean-Claude Arnault, who also raised the issue of whether the court of appeal was biased when they sentenced him to two and a half years in prison for two rapes. And in march shot HD up its decision in question, pending the decision of the case against the lawyer.
Jävsmisstankarna in the cases bear similarities. In essence, it is about the defendants, after the main proceedings in the court of appeal concluded but before judgment, submitted new evidence. In Jean-Claude Arnaults case, he claims that the court of appeal should be deemed disqualified if it already before the new evidence had been received in its deliberations ”have come further than probable cause”.
the procedural law and former judge, says that the HD’s decision on Thursday to speak a clear language. Among other things he mentions in point number twelve, in the court’s decision, which refers to several rules in the code of judicial procedure that ”must be considered to build on the idea that decisions on completion are made by the members who have participated at the final hearing”.
” I find it very difficult to see why the HD would inform the leave to appeal in Kulturprofilenfallet, because the question that has arisen in this case has already been answered here. It is quite obvious that the members who sit in the trial are the only ones who can decide whether to take action or not when it comes to new tasks, ” says Roberth Nordh.
According to Maria Ulfsdotter Klang, the registrar on the HD, handled the case against Jean-Claude Arnault promptly and a decision on the leave to appeal is granted or is not to be expected within the coming weeks. In addition to the issue of potential conflict of interest in the court of appeal shall HD also take a position on the new bevisuppgifter as Jean-Claude Arnault and his defender left is reason enough to grant review. It is first and foremost an opinion from a medical expert.
the DN has sought Jean-Claude Arnaults lawyer Björn Hurtig.
