Controversial notes leading to the appeal of new experts
Oslo City Court had no right to receive reports from the psychiatrist Randi Rosenqvist about Anders Behring Breivik (32) without his consent, according to his defenders
Wenche Bird Bunch & Hakon Letvik | Aftenposten | Published: 19.jan. 2012 (22:13) Updated: 19.jan. 2012 (22:13)
Oslo District Court's decision to appoint two new forensic psychiatric experts must be set aside because of procedural errors, according to the defenders. Thursday they delivered into his appeal.
The question of the psychiatrist Randi Rosenqvists role is now up for the Oslo District Court. As advisor to the prison director Knut Bjarkeid considered she Behring Breivik and wrote three reports. She concluded that he was not psychotic or schizophrenic, the exact opposite of the forensic psychiatric expert Torgeir Husby and Synnøve Sørheim.
- The three statements from Rosenqvist is sent from the public prosecutor to the Oslo District Court. In our opinion, the court based and emphasized these notes on the question of appointment of new experts. The court shall not receive, view, use or emphasize such confidential material. This is such a major procedural error that we believe the decision of new experts to be repealed, said attorney Geir Lippestad.
Requirement of secrecy
He refers to the Criminal Procedure Act, Section 119, which states that the court must not accept testimony from a variety of professions, including doctors, something that is entrusted to them in their position, unless the person entitled to secrecy has consented.
Oslo District Court appointed a week ago psychiatrists Agnar Aspaas and Terje dry ice that new experts. In his explanation proved right "that the staff and advisory health related to Ila Prison, have not seen signs that the defendant is psychotic."
Continuing despite appeal
Although the 32-year-old defenders appealed the decision to appoint two psychiatrists, continuing the two's work. They will meet Friday morning court to discuss the mandate and work forward.
- The defense has not filed a suspensive effect, meaning that the appeal does not affect the committee's work. They will receive a letter with the formal appointment and mandate next week, says Chief Information Officer Irene Ramm in the Oslo District Court.
Attorney Lippestad will now await the Court of Appeal and possibly the Supreme Court's opinion on the appeal before he says something about how he perceives Rosenqvists role.
Nor will he consider the fact that the director at Ila Prison delivered Rosenqvists material on to the police, who in turn sent it to the public prosecutor, which also brought it to court.
The same mandate
Prosecutors Inga Bejer Engh and Svein Holden believes that the two new experts must have the same mandate that psychiatrists Torgeir Husby and Synne Sørheim got when they were appointed on 28 last July.
The mandate had four parts: the first part about how the mission was completed, the second part to assessment of sanity, part three was also review if it was appropriate to sentence of compulsory mental health care, and part four was all forecasts and assessments that could impact your right if the issue of custody was appropriate.
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