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It was in connection with the visit that prison staff discovered in mid-October that a 19-year-old detainee had hidden two handwritten letters in his clothing. The police were alerted and an investigation into confidentiality violations against the man’s public defender was launched. The reason was that one of the letters indicated that the lawyer had previously delivered written messages from his girlfriend to the 19-year-old, something that was suspected of violating the restrictions decided by the Södertörn District Court in the case in question.
The attorney admitted to questioning the facts, but said the information in the girlfriend’s messages was harmless, which also explains why the attorney had not let the prosecutors in the case read them before handing them over to the client. Prosecutors did not buy the statement, but demanded that the Södertörn District Court remove the lawyer based on allegations that she had violated good legal practice.
The district court followed the lawyer’s line. But after the Chancellor of Justice requested a new trial, the Svea Court of Appeal concluded this Wednesday that the lawyer has failed to fulfill his duties as a public defender and therefore should be suspended from the case. According to the Court of Appeal, it cannot be ruled out that the further investigation against the 19-year-old, suspected of organizing drug trafficking in Vårberg, is hampered by the fact that the man received information through his girlfriend.
“One of the letters mentions, for example, a ‘caller’, that is, someone who is allegedly involved in the sale of drugs,” the court writes.
The trial of the 19-year-old and a large number of young detainees must be postponed pending the appointment of a new defender. The 19-year-old had requested another lawyer from the same firm, but the Court of Appeal did not consider it appropriate.
On Wednesday night, DN contacted the lawyer, who does not want to give his opinion on the decision of the Svea Court of Appeal.
– I will not comment on this.
The accusation is positive to the decision of the Court of Appeal of Svea.
– We must be able to trust that lawyers respect the restrictions that apply and when such things are discovered, it is very important to have a strong reaction, says chamber prosecutor Paulina Brandberg.
– The purpose of placing restrictions on a suspect is that they should not be able to communicate with the outside world.
The Chancellor of Justice has requested that the Swedish Bar Association now investigate whether the lawyer has violated good legal practice, which may lead to exclusion or other disciplinary sanctions. However, the police investigation into breaches of confidentiality has been closed.
