Board member fell asleep - trial must be repeated

It was in July that a man was sentenced to ten years in prison in Nacka District Court for, among other things, attempted murder. In the same case, another man was sentenced to one and a half years in prison for gross abuse.

But the verdict was appealed to the High Court and one of the defenders then stated that a committee man had fallen asleep at the end of the main hearing. The defender also submitted a film sequence from the courtroom to the court of law.

Jens Wieslander, deputy chairman of the Svea Court of Appeal, cannot answer how common or unusual it is for board members to slumber in the courtroom.

- I have no overview of how common it is. This has happened before.

The panelist has rebutted that she should have fallen asleep, but the film sequence means that the court of appeals can not conclude any other than that she actually slept, Svea writes in court press in a press release.

The incident may have had a bearing on how the district court has ruled in the case and therefore the case must be re-decided, according to the court of law.

“The court has thus not been the judge, which means that a serious trial error has occurred. The error affects the confidence in the court's decision and the legal certainty of the proceedings, "writes the High Court.

The case has now been sent back to Nacka District Court for a new trial.

- What happens is that you cancel the district court's judgment. The only thing that exists is the decision to arrest and compensate the defender, says Jens Wieslander.