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AUGUST: On the afternoon of August 10 last year, murder and terror accused Philip Manshaus, 22, of attacking the al-Noor mosque in Bærum with a hunting rifle and shotgun, according to the indictment. The 22-year-old shot four rifle shots at the front door and shot three criminals in the case who remained in the prayer room but was beaten. Photo: TORE KRISTIANSEN
Last summer, the terrorist accused Philip Manshaus, 22, of attacking the al-Noor mosque in Bærum to kill as many Muslims as possible. Now the court has rejected the demand of millions of members of the mosque.
On Thursday, the criminal case begins against the murder and terror charges of Philip Manshaus in the Asker and Bærum district court. The 22-year-old denies criminal charges for the murder of half-sister Johanne Zhangija Ihle-Hansen (17) and for the attack on the mosque, but admits to having carried out the actions.
Before the main hearing, attorney John Christian Elden filed a class action lawsuit on behalf of the mosque’s approximately 900 members, with claims of up to NOK 50,000 per member.
If the lawsuit had led, the mosque members could have been awarded up to a total of NOK 45 million.
But Asker and the Bærum District Court rejected the lawsuit, in part because it was not sufficiently informed to be dealt with during the terrorist case. In addition, the district court believes that it is more appropriate to deal with claims in a civil case.
District court on evidence of extent of damage unknown
In the court’s assessment of whether the claim should be considered or not, group action is found to be a special process in the Dispute Law that is subject to very special treatment rules:
«In the court’s opinion, this class action lawsuit, which raises several procedural and substantive issues, is clearly not appropriate for consideration in the criminal case.“, The letter to the parties in the criminal case establishes.
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The District Court also noted that the court’s request for approval of the class action lawsuit was first made in a letter on April 23 this year, that is, two weeks before the criminal trial began in the district court. from Asker and Bærum.
«(…) and that to this day, for a week prior to the commencement of the main hearing, no evidence has been presented that members have suffered “damage” under the Compensation Act or have filed any records of the number of members.“, The letter to the parties in the criminal case establishes.
Therefore, the District Court referred the case to civil proceedings.
– I believe that the court has made a correct assessment that the judicial treatment of the criminal case is not adequate to also deal with a class action case. Incidentally, I believe that such a class action case could not be brought, even in a civil action, “Manshaus defense attorney Audun Beckstrøm tells VG.
NECESSARY PENALTY COURT: The charges of murder and terror of Philip Manshaus (22) of Bærum. Photo: FRODE HANSEN
Elden: a little cheap
In a police interrogation, Manshaus has explained, among other things, that he carried out murder and terrorism to protect the citizens of Europe, and invokes the emergency law. In addition, the 22-year-old has stated that he wanted to intimidate and kill as many Muslims as possible during the attack.
Lawyer John Christian Elden, therefore, finds it strange that the district court has rejected the group lawsuit.
– If they will have to file individual lawsuits, it’s a bit cheap, says Elden, adding that the requirements will be promoted.
– But it’s stupid that the court does it in two turns instead of one. It is important that the crown scare does not extend to the legal protection of victims and the fear that victims will appear in court and have their legal assistance there.
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– Does the court believe that no documentation has been provided on the number of members and on the injuries sustained?
– No attempt has been made to present descriptions of individual injuries, as we have stated that it is sufficient that their objective was to kill all members and create fear in the congregation. So we also believe that the compensation condition is met. This is the fundamental question that the court must decide now or at the next trial, Elden responds.
Counsel notes that a class action case must first be approved by the court, which then must also decide whether individual members need to be appointed and, if so, set a deadline for this after approval.
– Names are not normally required when individual circumstances are not invoked as in this case
Risky custody
It was on the afternoon of Saturday, August 10, last year that Bærum’s man Philip Manshaus shot for the first time and killed his half-sister before driving to the mosque and attacking two weapons, a rifle and a shotgun, according to the indictment. .
The 22-year-old was overpowered inside the mosque and arrested shortly thereafter by the police.
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Three experts conducted several interviews with the 22-year-old and carried out various psychiatric tests. On this basis, they concluded that Manshaus was responsible at the time the actions took place.
In the indictment against the young Bærums, the prosecutor’s office is said to make reservations about the arrest claims.
– A reservation was made about this in the indictment, but I don’t want to comment on it before the main hearing, state prosecutor Johan Øverberg tells VG.
