Published 9 August 2021 at 16.11
Law & Justice. The lawsuit in the bribery scandal around Region Skåne and the digital tool Vårdexpressen must be taken over. According to the Court of Appeal, one of the judges in Malmö District Court was disqualified. Among other things, it has turned out that she and two of the witnesses in the case sat on the same board for an interest organization in health care.
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In May, Vårdinnovation's CEO Damon Tojjar was sentenced to three years in prison for grossly giving a bribe and aiding and abetting gross infidelity against a principal. Two former regional officials were also sentenced to two years and three months' imprisonment respectively.
The case was appealed to the Court of Appeal, which today decided to set aside the Malmö District Court's ruling. The case has been referred back to the district court for re-examination.
The reason is that the Court of Appeal considers that one of the judges is unfair.
It has emerged that she herself is married to a regional politician and that she has been employed as a doctor in Region Skåne. However, neither of the parties claimed in the district court that the judge was unfair due to what then emerged.
The fact that the judge is married to the politician was known to the parties already at the district court and can therefore not be invoked in the Court of Appeal in support of the allegation of non-compliance. In the Court of Appeal, however, additional circumstances have emerged about the judge. It is about the fact that in her employment she had two of the witnesses as managers and that one of these witnesses and the board member sits on the board of an interest organization in health care.
In addition, according to the Court of Appeal, the board member, when she proceedings were asked if she was disqualified, did not clearly state all her connections to witnesses in the case. The Court of Appeal has also considered that after the district court's judgment, according to cited e-mail logs, the tribunal together with witnesses in the case took part in a conversation where the defenders' request to have the e-mail logs discussed.
– The district court agreed in his judgment and there is nothing to even indicate that the judge has actually allowed himself to be influenced for irrelevant reasons. What it is about instead is that from the point of view of an outside observer, there have been circumstances that typically mean that the arbitrator's impartiality can be questioned. What has emerged in the case about the jury member is of such a nature that the Court of Appeal has judged that her impartiality can be questioned and that she has therefore been unfair, says Court of Appeal Councilor Lars Lindblad in a statement.