The Supreme Court Tuesday and Wednesday Andhøy case. In two straight rounds, he was fined for having violated international rules – Antarctic Treaty – which applies south of the 60th parallel.
Here are Norway and the approximately 30 second treaty parties agreed that all “activity” in the Antarctic applied for and approved in advance by the country to which the applicant belongs in.
Fatal expedition
Jarle Andhøy sought permission from the Norwegian Polar Institute when he in 2011 to sail with Berserk to Antarctica winter at the South Pole. Polar Institute had never before received such a deficient application and Andhøy gave up and traveled without permission.
The expedition had a fatal outcome when Berserk disappeared during a storm alert, and three crew members were killed. Andhøy itself was on land along with 18-year-old Samuel Massie when the accident happened.
Went back
The following year Andhøy back to find traces of their comrades. Also this time without permission. Norwegian Polar Institute Reviewed Andhøy, but he refused to accept the penalty that was issued by the Troms Police District.
Both the District Court and Court of Appeal claimed Andhøy he according to another international regulations – UNCLOS – has the right to sail in international waters in Antarctica stretches all the way to the coastline.
Went ashore
In the Court of Appeal was a big point for the prosecutor Lars Faus to clarify whether the second expedition gone countries. Andhøy deny everything to say anything about this, but this winter could TVNorge viewers see documentary footage from the expedition in 2012 where Andhøy was on land in their quest for what had happened to his friends.
– The Supreme Court should the application of law. This means that much of the case is cut away. Supreme Court relate to the same facts as the appeal court found – he was out sailing boat – and not on land, says lawyer Brynjar Østgaard is Andhøy legal representatives in the Supreme Court.
Unclear regulations
He will argue that the Antarctic Treaty can not override treaty provisions on the high seas. Østgård will also promote an alternative basis for getting acquitted Andhøy the Supreme Court – that it was difficult and almost impossible for Andhøy to understand the rules.
– If the comprehensive regulations of the Antarctic Treaty also affects this voyage, we will show the Constitution and the European Convention on Human Rights that required clarity in the rules he should be judged by. When treading he over from it punishable to the offense, says Østgård said.
Should reported before
First District Attorney Lars Faus will maintain that also Andhøy covered by the Norwegian regulations.
– All business, big or small, in Antarctica shall be reported in advance. We believe that the trip to Andhøy compulsory notification says Fauser said.
He has a relaxed attitude to the Supreme Court not to consider the fact that Andhøy was on land.
– There are not essential for the assessment of the activities of the expedition was by land or on land. But there could be a point that TVNorge was with and made television production. It strengthens that this was business that should have been notifiable, said Faus.
New trip
Friday confirmed Jarle Andhøy NTB that he also this winter has been to Antarctica without application or authorization. Polar Institute also this time reviewed Andhøy.
This is not an issue in the Supreme Court.
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