Criticism of a judge at Gällivare District Court for deficient processing of a matter of video/tele-conferencing prior to the examination of a witness

Summary of the decision: A witness in a criminal case informed the district court that she wished to give testimony via video link, as she was afraid to see the defendant and wished to avoid doing so. In response, the district court informed her that the presiding judge had decided that the defendant would leave the courtroom during the examination of the witness and that she would not see the defendant during the hearing (video/tele-conferencing). When the witness was called in to the main hearing, the defendant was still in the courtroom.

In the decision, the judge is criticised for failing to handle the issue of a video link and video/tele-conferencing with sufficient clarity, care and thoroughness, with the result that the witness was taken aback by the defendant’s presence in the courtroom.

According to the Chief Parliamentary Ombudsman, it is extremely important that the district court deals with issues related to video links and video/tele-conferencing with care and thoroughness and provides correct information concerning what the person in question can expect during a hearing.