Pirate Bay trial sparks legal ethics debate

Published: 29 Jun 09 08:35 CET
Online: http://www.thelocal.se/20340/20090629/

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Sweden needs to adopt stricter ethical guidelines for judges clear following accusations of judicial bias in the Pirate Bay trial, according to legal professionals.

The question of ethical rules for officers of the court already came up in a study on public confidence in the court system last year. The file-sharing trial once again raised the issue and professional associations would also like to have ethical regulations in place, according to Thed Adelswärd, chairman of the Union of Swedish Judges (Domareförbundet).

In practical terms, this might cover which associations a judge is allowed to belong to, but first and foremost, such rules would clarify how judges are to behave in a professional capacity.

The discussion of ethics for judges follows claims by the lawyers representing the Pirate Bay defendants of a conflict of interest stemming from the judge's membership in a member of organizations that take a pro-copyright stance. Last week, Sweden's Court of Appeal ruled that the judge in the high profile case was not biased following the lawyers' request for a retrial.

TT/The Local (news@thelocal.se/08 656 6518)

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10:38 June 29, 2009 by Nemesis
This is going to sound harsh, but it is necessary, to maintain fairness of the law, in the eyes of society.

Judges should not be allowed to join any political or commercial organisations. It needs to be a jailable offence for a judge to do so.

Any social organisations they join need to be restricted and there needs to be complete disclosure of all organisations a judge has been or is a member of.

Any person who could possibly have a connection to a court case, whom a judge has met, should be fully declared. Non declaration should be a jailable criminal offence.

Judges are paid a very good salary. They don't need freebie's from wine and cheese events to get by.
14:03 June 29, 2009 by Maxx1
If someone has to pass judgement, or legislation, and they have a vested, or personal interest in the case, as happened in the Pirate Bay case, then it is unfair and one cannot expect an impartial judgement.

This is the difference between a court of law, justice and a kangaroo court.

One expects Iran to have kangaroo courts, as one expected the Nazi courts of the previous century to hand down biased, or foreordained judgements.

For such to happen in Sweden, who has been a model for the world is simply unthinkable.

I guess the Big Money from Corporate America has tainted even those who's light was a beacon for the rest of the world.

The only difference between a third world thug in a position of authority lining his own pockets, or voting in his own self-interest, and an authority figure in the more advanced countries doing the same appears to be the scope of their impropriety.
14:42 June 29, 2009 by Staffs
Western governments and the political due process were first hijacked by Corporatism over 40 years ago, it's only in the last 5 years however that Corporatism has become so confident, pervasive and powerful that it now makes no effort to disguise itself.

Corporatism is taking us towards totalitarianism at an ever increasing speed.
22:32 June 29, 2009 by spy
There does need to be better judicial guidelines but as an observation it is ironic that Pirate Bay were being cockily anarchistic and but are now complaining that their predicament is not fair. Boohoo.
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