The prison sentences against Damon Tojjar, CEO of Vårdinnovation, and two former officials in Region Skåne were appealed to the Court of Appeal, where the hearing is currently underway.
Tojjar’s lawyers Staffan Bergqvist and Christina Bergenstein demanded, days before the Court of Appeal was to take up the case, that the district court judgments should be declared invalid. As evidence, they used audio recordings submitted to the defense by an alleged whistleblower. On the audio files, the judges in the district court could be heard conversing when they sat behind closed doors.
– I mean that they have taken the interceptions that have been made, which are probably illegal interceptions and what is said there, I think, has been misinterpreted, says Johan Kvart.
“Lacks of probative value”
The Court of Appeal rejected the request and considered that the audio files lacked probative value and that they were probably created via illegal wiretapping. The CEO’s lawyers also reported the district court judge and prosecutor to the police with the same evidence. The Attorney General chose to dismiss the case.
In a four-page letter, lawyer Johan Kvart explains why he believes that the lawyers have “clearly exceeded the limit” of legal ethics.
– I think that the police report that was made is completely for fanders. That judges would secretly cooperate with prosecutors to get a defendant convicted sounds like a conspiracy theory to me, says Johan Kvart.
Accused judges and prosecutors of colluding
On an audio file, a judge in the district court can be heard saying that you should “keep your fingers crossed” for the prosecutor. The lawyers considered it to be proof that the prosecutor and the judges cooperated to get the defendants convicted.
The prosecutor had undergone emergency surgery at the time, a circumstance that the lawyers did not mention in the police report or in the allegations of fraud.
– In this case, it is an expression of sympathy for the prosecutor, but also about considerations regarding the possibility of carrying out the main hearing according to schedule, writes Johan Kvart in the report.
SVT Nyheter Skåne is seeking the lawyers for comments on Johan Kvart’s report.
Javascript must be enabled to play video
