(Dagbladet): In a recent judgement from Borgarting lagmannsrett got bedrageritiltalte Anthony Bratli and Terje Hvidsten straffereduksjon to have sold the Swedish hotels to the excessive prices.
the Court of appeal found that the defendant should receive reduced prison time because of the long time it has taken to process the case.
Hvidsten received in the district court four years and six months ‘ imprisonment of which one year was conditional, and was forfeited nok 4.1 million. His imprisonment was in the court of appeal reduced to two years in prison.
Bratli got five years in prison, of which one year was conditional, and was forfeited 5.7 million, while the in the court of appeal was his imprisonment reduced to three years imprisonment of which one year and six months was made conditional.
Together with Christer Tromsdal, they must still replace 21 million.
Tromsdal confessed
Økokrim has since 2006 meant that the Tromsdal, Hvidsten and Bratli was to sell Swedish hotels to the excessive prices.
The three met in Oslo district court last year. Just before the case is admitted suddenly Tromsdal contribution to the seven frauds, which came to a total surprise of the other two. They denied all guilt, but was convicted in the district court.
Meddommertvist
Hvidsten and Bratlis defenders, Kim Gerdts, and John Christian the Fire, listed principally for the appellate court that the district court’s judgment should be revoked because a meddommer was unfit to be meddommer, as well as incompetent.
the Defenders believed she was unfit to be meddommer because of fremmedfiendtlige speech on her Facebook page.
Forsvarene thought she was incompetent because she should have called Hvidsten of “garbage” in a conversation with a friend and that she as a result of his racist speech was incompetent when it came Bratli due to the fact that he is half-chinese.
This did they not succeed in of the court of appeal, and thus did not court the requirement about the termination of the district court’s judgment to follow.
- It is very good that the court in practice has reduced the verdict from having to zone three years in prison to having to zone one year, but it is also a natural consequence of the long time the lesion that has gone here, and that the appellate court is very clear on that not can be charged to the Bratli in any way, says the Fire to the Newspaper.
the Question of whether termination of the judgment out from the meddommerens uskikkethet, we will consider whether it shall be appealed to the supreme court, ” he says.
“the trump card”
Earlier in the year did police seizures in a PC at Hvidsten in connection with another criminal case. Where they found a log from chattetjenesten Viber.
Of the log, it is disclosed that Bratli and Hvidsten, they discussed the two meddommerne in the case, and that they had found out that the one had written several controversial statements on Facebook. They also believed that she had called one of them “garbage” and that the whole case was a waste of government resources.
- Shall we call off the case for buying us a little time? wrote Hvidsten to the Bratli.
They fell, according to Økokrims interpretation, down on to wait to notify about the statements to the judgment had fallen, so that the whole judgment could be revoked on the grounds of incapacity.
- This can be a trump card on the termination afterwards, wrote Hvidsten to the Bratli.
When the two asked to get the verdict overturned, they claimed that they were aware of the relationship in the summer of 2016. Borgarting court of appeal has rejected opphevelsesbegjæringen, because the two are not notified immediately when they became aware of the relationship. The supreme court also rejected the appeal.
Considering to appeal
Førstestatsadvokat in Økokrim, Geir Kavlie, says that they will review the judgment with the intention to appeal the sentencing to the Supreme court. They believe that the time it has taken to process the case has been of great importance for straffereduksjonen.
- We believe that those sentenced have been somewhat to blame for the long processing time, and thus should not gotten such great importance for the sentencing, he says.
First and foremost, we are pleased that the court didn’t have to follow the requirement that the judgment should be revoked, says Kavlie about the matter that has been the subject in many years for the right.
We were not in agreement in the requirement that the meddommeren was generally inadequate or incompetent and we are satisfied with the decision of the court of appeal on this point, says Kavlie.
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