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The artist Saga Berlin receives a trial permit in the Supreme Court


In 2016, the artist Saga Berlin painted an outdoor swimming pool in Hägersten as part of the artwork Invent something or die. She was sentenced in both the district court and the court for serious damages. The Supreme Court is now going to consider whether the High Court had the right to decide the case without a main hearing, reports Dagens juris.

Saga Berlin was sentenced in 2018 in district court to conditional judgment and daily fines for serious damage with a claim for damages to the City of Stockholm of just over SEK 280,000. The artist admitted that she scribbled in the pool, but did not consider that she was responsible for damage because she had not intended to destroy and planned to clean the pool herself.

The judgment was appealed to Svea High Court which upheld the district court's judgment. This was done without the High Court conducting a new main hearing.

"Saga Berlin has appealed against the judgment, pointing out that she has not received any hearing in the High Court and that is the matter that the Supreme Court must decide first and foremost," says Fredrik Blomé, Registrar of the Supreme Court.

"Is there a need for guidance in the case"

The reasons for the trial court's approval may be either that there are suspicions of serious wrongdoing or that you want to guide the courts on how to think.

- The court does not specify the reasons for the trial permit. But the state prosecutor has previously indicated that there is a need for guidance in this case, says Fredrik Blomé.

May lead to trial in other parts of the case

The trial permit thus means that the Supreme Court is reviewing whether the High Court had the right to decide the case without a main hearing. But other parts of the target may also be tried.

- Depending on what you come up with in this trial, it can lead to trial permits in other parts of the case. For example, regarding the damages and the sanction, says Fredrik Blomé.

- The issue of responsibility is not legally gained, so that issue may still be tried. The door is not closed to it, says Fredrik Blomé.

Source: svt

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