A lay judge on Anders Breivik's trial has been dismissed after calling for the 33-year-old to face the death penalty in comments on Facebook published shortly after the killer massacred 77 people last July.
The court was adjourned for 30 minutes on Tuesday morning as judges held an emergency meeting, before the judge ruled Thomas Indrebo's online comments would "weaken the trust in his impartiality" and dismissed him as a lay judge.
"The fact that Mr Indebro did not state that he had given such impressions will weaken the case in his impartiality. Mr Indebro shall be dismissed as a lay judge," Wenche Arntzen said.
He will be replaced by Anne Wisloff.
The Norwegian killer had smiled as the court's judge raised concerns over the impartiality of Indrebo.
"The death penalty is the only just sentence in this case!!!!!!!!!!" the message read.
Breivik is giving evidence to court about why he committed the atrocities in Norway, however the killer's testimony will not be broadcast.
Breivik pleaded not guilty to the twin attacks on Monday, saying he acknowledged the bombing and massacre but carried them out because of "self defence."
The killer wipes away a tear as the court sees his propaganda video
He also displayed no emotion when he was played a tape of a 22-year-old Renate Taarnes's terrified phone call to police during the Utoya attack, where she whispered: "He's coming! He's coming."
Overall 102 names, dates of births and details of those Breivik killed and injures were read in court over 30 minutes.
At court yesterday Breivik's defence lawyer Geir Lippestad said evidence from the killer would be crucial "for the court to decide on an independent basis whether he is legally sane and can be punished or not."
He said Breivik wished to be sentenced as a sane person, stressing: "The defendant's wish is to be sentenced as a legally sane person. So our evidence will support that claim."
One of the survivors of the massacre Jorid Nordmelan, who will hear Breivik testify, said the trial was unprecedented.
"It's a historical date for Norwegians," she told the BBC. "We never had a trial like this, so we don't know what's going to happen.
Armed police walk in the street outside the Oslo district courtroom
"Prosecutors told me they were going to make the opening statements awful, so that people can just feel what he did right there."
He is due to give evidence for five days, explaining why he set off a bomb in Oslo, killing eight, before gunning down 69 people, mostly teenagers, at a Labour Party youth camp on Utoya island, outside the Norwegian capital.
The police van with terror charged Anders Behring Breivik leaves the Ila prison in Baerum, Norway
Since Breivik has confessed to the July 22 attacks - claiming they were necessary to protect Norway from being taken over by Muslims - the key issue that remains unresolved is his mental health.
Breivik attempted to justify his views in a 1,500-page manifesto published on the internet before the atrocities.
Prosecutors showed images of Breivik taken from his manifesto. A badge on the uniform read "Marxist Hunter"
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A lay judge on Anders Breivik's trial has been dismissed after calling for the 33-year-old to face the death penalty in comments on Facebook published shortly after the killer massacred 77 people last...
A lay judge on Anders Breivik's trial has been dismissed after calling for the 33-year-old to face the death penalty in comments on Facebook published shortly after the killer massacred 77 people last...
He's an act of nature - which in this case is bad. Like other acts of nature, it's awesomely bad. But there is no satisfaction to be gained from such people. Instead, study what he's done to your thoughts, and subtly shift them at the base, where your concept of basic kindness has come unstuck. You are good people, and he will be sent to where it hurts most, an insane asylum, where the educated will find a revenge for him: a loss of vitality, of self-respect, of any kind of power whatsoever, a slow dawning of his own total insignificance as he becomes aware that death will approach him without any drama whatsoever, with many more dull days between him and it.
Deep_Yash: He's an act of nature - which in this case
The biggest single problem with expediting capital punishment on Breivik is this. It would instantly create a 'super-martyr' for the Far Right or any number of 'Nationalist' groups across Europe/World, and not all Nationalists are from the Far Right, just look at Russian which has Communist Nationalists - seems a contradiction in terms I know, but they do exist...
From this point on, any number of atrocities could occur as "revenge" for AB's "execution..."
probableclean77: The biggest single problem with expediting capital punishment on Breivik
The Norwegian justice system faces a dilemma. If Breivik is convicted as 'sane', he can in theory be released one day. But would it ever be safe to let him out?
Howling for vengeance, blood for blood, does no good. The Norwegians are civilised enough to know that. Hanging Breivik cannot bring those lost lives back, and pretty certainly he would actually enjoy being (in his own eyes) a martyr. He would not enjoy being categorised as crazy and being consigned as incurable to a mental institution.
Edward_Lucie-Smith: The Norwegian justice system faces a dilemma. If Breivik is
Norman Mitchison - Courts operate under the rule of law - not the variabilities of public opinion . The Judge was utterly stupid in his public comments - all he has now given is the accused a potential opportunity to get any conviction thrown out as an " abuse of process " .
In these cases the law and procedure needs to be followed to the letter by the judiciary and the prosecution - that way no door is mistakenly opened for an appeal against conviction - plenty of really guilty people have ultimately walked because of " short cuts " and " rule bending " by prosecutors and Judges - it must not be allowed to happen in this case .
ronnieince: Norman Mitchison - Courts operate under the rule of law
Hello there
What you say in your last paragraph cancels out the possibility of an abuse of process by quashing any aspect of the trial to which you refer. The seriousness of the crime would now allow that in anycase. They have followed the process to the letter by dismissing the lay Judge, so that goes to show there was no abuse of process. However, had they not dismissed the lay Judge, that would have been a different matter.
Best wishes!
Southern_law_girl: Hello there What you say in your last paragraph cancels
He has climed he is `sane` so ruling out insanity appears a no go, although as you say, Courts operate under the rule of Law, but how many Judges silently agreed with their outspoken colleague.
?
Norman_Mitchison: He has climed he is `sane` so ruling out insanity
Good afternoon Norman
Public opinion does come into it, that is why laws are changed, along with the aspirations from others, such as politicians!
So yes, public opinion goes towards shaping and devloping the law, when it comes down to it that is not always understood. It's rather like a thread running throughout the whole aspect of democracy.
Best wishes to you!
Southern_law_girl: Good afternoon Norman Public opinion does come into it, that
They have spent 10 milllion on this courthouse and to stage the proceedings.
The world doesnt need high roller lawyers and fancy buildings to find him guilty in
less than a 5 minute hearing. So they should have put it down to either his insanity
or radical extremism to a weak mind them locked him up until he expires. If independant
analysts need to examime his mind motives they have plenty of time, but to waste public money that extent is criminal !!!
that would be much better used to create a hopsital or school is beyond me.
dungaman: They have spent 10 milllion on this courthouse and to
The death penalty meantime is highly emotive, I think far too many people are executed globally, probably many innocent people too, but this crime is most unusual and may require a special response. Generally, I would not support capital punishment, but this case challenges my belief. The problem, though, is that if you have capital punishment you force another to take life...
Michael_Yardley: The death penalty meantime is highly emotive, I think far
I wonder why they are still debating the question of his sanity? Surely someone who killed all those innocent people in cold blood is, by definition, insane?
HarrietAmy: I wonder why they are still debating the question of
Yes, I guess it would mean that - though many of them were probably following orders with their own families under threat. But the leaders, HItler, Stalin, etc - surely they can't have been sane? As with everything, it all depends on the definition of terms. I am taking 'mentally healthy' as my definition of sane here.
HarrietAmy: Yes, I guess it would mean that - though many
Insanity would mean he was under psychotic control of some sort and unable to act against his minds will! or that there was no reasoning behind the acts. He has already been declared sane in order to stand trial in the first place so how he can make a defence of insanity is beyond me. He's a cold blooded killer who planned very carefully and who uses the islamist fear as an excuse ... but for what? ...kiling non-muslims.. the logic escapes me! If he wanted to blame muslim extremeists.. why did he give himself up? This guy wants the infamy! and in that he has succeeded.
SuperDoc2: Insanity would mean he was under psychotic control of some
Yes, I agree he is just after infamy. My point was that anyone who would go to these lengths to achieve infamy cannot be sane but is mentally very sick. The fact that he is in control of these sick decisions and actions simply confirms his insanity. Insanity does not mean you lack control of your actions, nor does it mean you can be excused for doing them. It should mean, that he is locked up for ever because he is mentally unfit to be let out. Not that he is punished for a set number of years in prison and then let out on parole because he is clever enough to convince a tribunal that he has changed.
HarrietAmy: Yes, I agree he is just after infamy. My point
All I need to know about this case is the victims and how long he's gonna get. I don't think any of it should be on TV, plays directly into this psycho's hands, you only have to look at his disgusting face to see that.
dawn3943: All I need to know about this case is the
I missed that survey, but I did see the one about users of this site come on without anything to say. It's nice and sunny here is it raining where you are? ok
cynic123: I missed that survey, but I did see the one
Wher / how did he get all those weapons?where did he get those badges?. It is so worrying that people can get this sort of thing. In Schotland this week a member of the public found a load of weapons in a bustbin, what were they going to be used for?? He should not be given any press time at all. And as for max of 21 years it should be 21 years for each one he killed. 21x77 = 1617 years behind bars.
cynic123: Wher / how did he get all those weapons?where did
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Posted: 17/04/2012 09:21 Updated: 17/04/2012 09:23