The first public prosecutor had to testify in court

It is not every day that a first state prosecutor and a police prosecutor are called as witnesses in a criminal case in court.

But it happened on Wednesday, when it is now approaching the end of the second round in the district court against the father of small children, Torkel (53), who is again accused of having kidnapped his own daughter from Cyprus in 2017.

For several years, Torkel and his ex have argued about who has custody of their daughter, and whether she is Norwegian or Cypriot.

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.

The mother’s legal aid lawyer, Sol Elden, is following the case together with his client in Cyprus. In an SMS to TV 2 last week, she wrote that both mother and daughter experienced the kidnapping and restraint as dramatic and traumatizing, and that they now hope that they can soon put this behind them by a final verdict.

Elden has so far not responded to TV 2’s inquiry about the matter on Wednesday.

TV 2 has decided to only refer to Torkel by his first name out of consideration for his daughter.

For seven years he has fought to be heard in Norway.

The first public prosecutor had to testify

In September 2021, Torkel was heard and believed. Then police prosecutor Håvard Tafjord, in consultation with state prosecutor Berit Sagfossen, filed a claim that the father of small children Torkel (53) had to be acquitted of kidnapping his own daughter. Then state prosecutor Jeanette Westlund Hegna appealed the acquittal, despite the fact that the prosecution dropped its own claim for acquittal.

Today, both Håvard Tafjord and Berit Sagfossen had to appear in court to testify.

– We want to find out what really happened when the prosecution filed a claim for acquittal in the previous round, says Torkel’s defender, Mette Yvonne Larsen to TV 2.

Wanted to prevent the boss from testifying

When the trial started last week, state prosecutor Jeanette Westlund Hegna wanted to prevent both Tafjord and Sagfossen from testifying in the case.

The Søndre Østfold district court did not agree with that, and refused the petition.

The decision from district court judge Tina Bergstrøm states:

“The district court has come to the conclusion that the request for suppression of evidence should not be accepted, neither with regard to witnesses who are to explain the underlying civil relationship nor the witnesses police prosecutor Tafjord and first state prosecutor Sagfossen.”

– A rarity

Defense attorney Mette Yvonne Larsen began her questioning of police prosecutor Tafjord by saying that it is a rarity that she calls in the attending prosecutor who, in the previous court round, submitted a request for acquittal as a witness in a new criminal case.

– A number of circumstances came up in the case that made me have doubts, Tafjord said from the witness box and added:

– As the attending prosecutor, I had the opportunity to drop the indictment, but I wanted the court to consider what had come to light, which is why I submitted a motion for acquittal, Tafjord said.

– Were you consulted when the verdict was appealed by the state attorney?, asked defender Mette Yvonne Larsen

– Yes, answered Tafjord.

– What was your view on that?, asks Mette Yvonne Larsen?

– I don’t think it was that much fun, because I had been involved in the case, said Tafjord and adds:

– I didn’t think it would be appealed. I had my doubts and I did not recommend that it be appealed.

Tafjord tells TV 2 that he does not want to comment on the case beyond what came out in court.

– Don’t know the case

After Håvard Tafjord had finished, it was the turn of the highly experienced First State Attorney Berit Sagfossen to testify.

– I have never dealt with the case, Sagfossen said in court.

Sagfossen explains that she was sitting in a department meeting when Håvard Tafjord called her and wanted to confer with her about whether he should submit a claim for acquittal.

– I didn’t know what he was talking about, and told him that you can’t consult with me, because I don’t know anything about the matter, continues Sagfossen

Sagfossen tells the court that she told Tafjord that he had to assess the outcome of the case himself.

– If he was in doubt, then he must submit a claim for acquittal. That is his job, said Sagfossen.

First State Attorney Berit Sagfossen writes in an SMS to TV 2 that she does not wish to comment further on the case.

Public prosecutor Jeanette Westlund Hegna tells TV 2 that she does not want to comment on the ongoing evidence.

Strong emotions

Three of Torkel’s closest friends and colleagues also testified in court today. They explained about the relationship between Torkel and his former spouse, and about their common daughter.

– I get so sick and a little angry sitting here. That we have to go through this again is pointless, said one of the friends as he cried.

– The daughter is as Norwegian as I am. And she is not allowed to meet her father. It has affected us for a long time, said another of the friends.

– It has been tough for Torkel. His health has noticeably deteriorated. And it has shifted his right to see his daughter by two years. It does something to him, said a third friend.