(Dagbladet): The trial of 39-year-old accused of murder of Kristin Juel Johannessen 5. August 1999 started today in Court of Appeal, including a selection of the jury.
it is always called into several jurors than the 11 who will make up the final jury, for example in case it turns out that some of them are disqualified or if the objections against them.
Among the potential jurors were Eli Engum Hagen, profiled member of the Progress Party, and married to former party leader Carl I. Hagen.
“shot out”
But she will not be part of the jury, she was namely “shot out” as it’s called, the 39-year-old defender Brynjar Meling.
Defender has the right to “shoot out” members without requiring any justification. He also chose to remove a tax crime auditor from the jury.
When Dagbladet met Eli Hagen on the way out of The Court of Appeal said that she had expected that Meling came to “shoot her out” of the jury. She had gone home yesterday from Spain to participate in the trial.
– Meling does not want me! Hagen says to Dagbladet.
– Why?
– It’s just like that one must speculate, but I realized fairly quickly that I was going to be fired when I saw that he was defending, said Hagen, who says that she said to the other jury candidates that she was going to have to leave right now.
– is there anyone who gets shot out, it’s me.
– Sued her husband
Brynjar Meling says of the decision:
– I have sued her husband on behalf of Mullah Krekar, then it was because no one would ask questions about it.
the reason for defamation lawsuit was that Krekar accused Hagen for having called him “terrorist”.
Eli Hagen says that she thinks the matter certainly is exciting and that she would be going to follow it.
– Thought Carl also that you were going to be taken out of the jury?
– We were probably fairly confident that, both.
– But you were not incompetent?
– No, no, I did not know anyone in the case. I have been following the case in the media, I had decided that I would make up my mind when I was done with the matter. But that said, I knew that here are not I, Meling is defending, and then will not I, Hagen says, laughing.
Eli Hagen says she has no any knowledge of Meling.
– Never met him. We know the names of each other and know each other, said Hagen, who said she has previously been a lay judge, but not jurors, and that she might well intend to follow the case.
– This is the exciting cause. And when you are called to jury, then you have an obligation to meet, says Hagen.
Eleven jurors
After the imposition should be left five women and five men. To get down to ten jurors had to rest drawn by lots. In the current case chose the judge to start with 11 members, in case it should happen due to illness. If they complete the case finally complete, will one of the members be pulled out before deciding the case.
Court Judge Mette Trovik has also prohibited the media to film or photograph the jurors in the case, because she believes it will be an additional burden for them.
lay judges and jurors are drawn at random from each court of selection for each individual case. For cases in the Court of Appeal deducted the jurors and judges from the jury two lay judges.
Anyone who stands in the selection of lay judges and being pulled out to serve in a case, is obliged to attend.
Jørn Lier Horst, crime writer and former head of the investigation of the murder, is also among those who will testify in the trial.
Dagbladet follows trial
the jury:
* This should consist of ten members (sometimes eleven, to protect itself against disease), equal numbers of each sex.
* When the trial is over, pulls the jury back in private for counsel.
* before the jury retires gives the presiding judge an account of the case (summing up), including on the legal issues that this case raises. The jury is bound by the right leader’s view on how the law should be understood. The presiding judge had to pronounce on the assessment of the evidence in the case, is not binding on the jury.
* During the closed negotiations can the jury only contact with the presiding judge. The presiding judge may not be present when the jury discuss the matter. Each of the ten jurors voting trip yes or no to the questions whether the defendant is guilty or not after the indictment. In what order to vote decided by lot.
* At least seven of the members must vote yes for the jury can answer “yes” to each question. Consultations No and voting in the jury are secret, and given no justification for answers. When the jury returned to the courtroom, read the mayor up some questions and then the jury’s answers.
Source: Courts Administration
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