NOT APPEAL: State Attorney Johan Øverberg has decided not to appeal the acquittal of Torkel. Photo: Onsøien, Ole Gunnar
– We have reviewed the acquittal, and we note that the district court disagrees with the prosecution on a number of points and has chosen to acquit. We have reviewed the judgment, and although there are elements in it that we do not necessarily fully agree with, after an overall assessment we have chosen to accept the judgment, says state attorney Johan Øverberg to TV 2.
– Does this mean that this case ends here?
– This means that the case stops here and that he has finally been acquitted, says Øverberg.
Acquitted for the second time
It was at the end of January that the Søndre Østfold District Court reached a unanimous acquittal of Torkel. When the prosecution now chooses not to appeal, it puts a provisional end to a long, demanding and complicated legal process.
– This case has been handled by the prosecution for six years. There have been five police prosecutors and three state prosecutors involved, which ultimately ended with a claim for a three-month suspended prison sentence. What do you think about the treatment this man has received from the Norwegian police and judiciary?
– A case concerning possible child abduction is basically a serious case that requires a thorough investigation. My dealings with this case have been limited to the question of whether the judgment should be appealed or not. As regards the case’s history and whether a reprehensibly long time has passed, I do not have sufficient grounds to comment on this as of today. In general, you can say that any case processing time that is considered too long is unfortunate, says Øverberg to TV 2.
REGRETTABLE: State Attorney Johan Øverberg believes it is regrettable that charges are sometimes brought which end in acquittal. At the same time, he believes that it shows that the legal system works. Photo: Christian Roth Christensen / TV 2
Regrettably
– Does the prosecution owe Torkel an apology?
– It is of course always regrettable, in this case and in other cases, when an indictment is issued that ends in an acquittal, says Øverberg and adds;
– At the same time, it shows that you have a system that works when those who believe they are innocent can also be heard about this.
Relieved
It is a happy and relieved man who picks up the phone when TV 2 calls to get the first reaction to the acquittal being upheld.
RELIEF: Torkel (54) is relieved and happy that he has finally been acquitted of kidnapping his own daughter from Cyprus in 2017. But he does not consider the case finally solved until the daughter is back in Norway Photo: Frode Sunde / TV 2
– It is a relief that they make that decision. Absolutely, says Torkel.
TV 2 has chosen to only refer to Torkel by his first name out of consideration for his daughter.
– It surprises me that they don’t lie down completely after the treatment I have received, but you probably won’t get any greater regret than what I get here from the Norwegian authorities, says Torkel to TV 2.
– What does it mean to you to be finally acquitted?
– This means that I can now move on.
This is the case
For several years, Torkel and his ex have argued about who has custody of their daughter, and whether she is Norwegian or Cypriot.
The couple were married and lived in Norway, even after their daughter was born. In 2015, the mother takes her daughter and moves to Cyprus. Two years later, in 2017, Torkel travels to Cyprus and takes the child to Norway.
This is what the prosecution believes is an illegal and punishable act.
The mother of the child has received several court rulings that she is the one with parental rights, and that the daughter is Cypriot.
Torkel has always maintained that the daughter’s mother is lying, and that she has obtained the court rulings because she has lied and falsified a number of documents.
Was believed
In the previous round in Søndre Østfold District Court, Torkel was believed.
The police prosecutor himself filed a claim for acquittal in court and Torkel was acquitted
Three weeks later, state prosecutor Jeanette Westlund Hegna nevertheless appealed the acquittal.
WANT TO BE REUNITED WITH THE DAUGHTER: The case is not resolved until my daughter is home in Norway, says Torkel to TV 2. Photo: Jonas Been Henriksen / TV 2
– Pursued by the Norwegian authorities
– Now I expect that the Norwegian police will investigate what the mother has done, and make sure that my daughter comes home, says Torkel.
– The Norwegian authorities have persecuted me to such an extent for so many years. A regular daily pursuit. I now expect that to come to an end. And that the police will be more cooperative in solving this case.
– Do you feel bitter?
– I am most happy, but I do not consider this a win until my daughter has returned home. There is still a child who has been abducted, and the case is not over until that child has recovered.
So far, TV 2 has not been able to get a comment from solicitor Sol Elden, who represents the child’s mother.
