In mid-April this year, the Supreme Court issued a ruling in a case concerning extremely serious weapons offences in Södertälje. Two men who had been sentenced to long prison sentences by the Court of Appeal were acquitted completely – the reason being that the police had exchanged the sharp weapons for a replica a few months before. The Supreme Court said that "danger of the completion of the crime was ruled out" after the police seized the real weapon.
The police replacing live weapons and drugs with copies has long been a common way of working to minimize the risk of the weapons being used or drugs ending up on the street.
"Today we are forced to leave live weapons in place," says police investigation chief Thomas Palmgren.
Arrested with sugar – goes free
SVT Nyheter Västerbotten has previously reported on how the police seized a kilo of amphetamines at a post office in Vännäs. They exchanged the drugs for sugar in order to catch those who would sell the drugs on the streets.
The operation was successful and four people were charged with attempted aggravated narcotics offences. But the person, a man in his 20s, who was arrested in his apartment with the "drugs" on him was released at trial, citing the new ruling in the Supreme Court. Something that indicates that he will be acquitted.
"The HD ruling has had a major impact on the courts' assessment," said Judge Anders Carlbaum, who presided over the trial.
Defender: "He is acquitted"
Judgment in the case will now be handed down on Monday and the main suspect's defense counsel, Jens Nyström, is confident that his client will be acquitted. Nyström also has other cases where the HD judgment can be applied.
– One hundred percent that he is acquitted, my analysis is that it is only connected to the verdict in HD, says Jens Nyström and continues:
– I have seen scope for this argument to be used for other cases I have.