Prosecutor's competence in a case before the Supreme Court

Justices: Øie, Matningsdal, Endresen, Møse, Webster, Matheson, Kallerud, Bergsjø, Falch, Bergh, Berglund 

An advocate serving at the office of the Attorney General had been appointed as co-prosecutor under section 77 of the Criminal Procedure Act in a criminal case regarding catching of snow crab on the Norwegian continental shelf, which is shortly to be heard by a grand chamber of the Supreme Court. He had not been involved in the investigation or in the indictment, and was to assist the main prosecutor with legal issues only. The Supreme Court, which had also this matter heard by a grand chamber, found that he was not disqualified under section 60, cf. section 55 final subsection of the Criminal Procedure Act. Neither his service at the Attorney General nor his role as assisting Attorney General or his participation in the office's management resulted in disqualification. Nor were there other circumstances that, in objective terms, gave the outside world a fair or justifiable reason to doubt the impartiality of the advocate. It was mentioned that he was subject to instructions by the main prosecutor and the superior prosecution authority. The request that the advocate be disqualified did not succeed.