The Oslo District Court lifted Marius Borg Høiby’s pretrial detention on Monday, November 2, after a new hearing. The 29-year-old, the eldest son of Queen Mette-Marit, will remain under house arrest at Skaugum Palace with an electronic monitoring bracelet while the prosecution’s appeal is considered.
The prosecution appealed shortly after the decision was announced and requested a suspensive measure that would prevent Høiby from being released until the appeal has been processed. If the court’s decision ultimately stands, he will be able to leave the residence and stop wearing the electronic bracelet.
Høiby’s lawyers, Daniel Storrvik and Alexander Greaker, said he was satisfied with the decision but remained cautious because it was not yet legally binding. They argued that the prosecution had assessed the conditions for continued detention incorrectly.
The court rejected the prosecutor’s request to extend the existing restrictions because of an alleged risk that Høiby could commit another offense. It accepted the defense’s argument that he had demonstrated both the willingness and the ability to stay away from drugs and criminal activity during the four months he had spent outside prison, in addition to his time in custody.
The police’s lawyer, Oda Karterud, expressed a different view, saying that the authorities still believed there was a risk of reoffending and of a relapse into substance abuse. As part of the current conditions, Høiby must report to police periodically and undergo drug and alcohol testing during the coming month.
Høiby was sentenced in June to four years in prison for two rape cases and the abuse of one of his former girlfriends, among other offenses. Prosecutors had sought a sentence of seven years and seven months for rape, sexually abusive conduct, assault, threats, a serious violation of narcotics legislation, property damage, public-order offenses and traffic violations.
He has been in police custody since February 2, when he was arrested for allegedly breaching a restraining order issued for one of the victims following threats and an assault. He remained in prison until July 13, when the Oslo District Court allowed him to continue serving his sentence at Skaugum with electronic monitoring.
The decision follows repeated requests by his defense for release. Høiby’s appeal against his rape conviction has been accepted, and a retrial is scheduled to begin on February 7. The proceedings are expected to examine his culpability, the length of the sentence and compensation for the victims. The hearing was expected to last four weeks and could result in a new judgment.
Sources: El País Portada.