Court of Appeal judge's competence

Justices: Øie, Endresen, Noer, Berglund, Høgetveit Berg

A Court of Appeal judge had participated in a ruling on continued remand in custody before she later administered the appeal hearing in the criminal case. The Supreme Court found that the Court of Appeal, through wordings during the remand case, had been so close to establishing guilt that she could not serve as a judge in the appeal case, see section 108 of the Courts of Justice Act. It was stated that since 2008, there has been a development in case law showing that the threshold for establishing disqualification under section 108 of the Courts of Justice Act has become somewhat lower, and that more importance is now attributed to the parties and the public's perception of the situation. The Court of Appeal's judgment and the appeal hearing were set aside.