Our Norwegian correspondent The Observer sends a translated article about the upcoming judicial appeal being filed on behalf of a man who was convicted of offending Muslims in Kristiansand. The report was posted at the official SIAN (Stop Islamization of Norway) webpage.
The translator includes this note:
This article concerns an incident which occurred in May of last year, when a 40 year old male placed a severed pig’s head in front of the entrance of a mosque in the city of Kristiansand (southern part of Norway).
The act was in response to an incident that took place in 2003 (plus dozens of other episodes since, I presume) when the management of the regional hospital in Kristiansand removed a drawing of Piglet from the pediatric ward due to numerous complaints from Muslim patients who felt offended, as the Koran states that the pig is an impure animal.
I haven’t read anything about this appeal in the MSM, surprise surprise…
Will Agder Court of Appeals review the Piglet case?
“Unease” among Muslims when they saw the red-painted pig’s head
The male who is in his 40s today filed an appeal notification at the Police Station in Kristiansand, after being ordered by the district court to pay a fine of NoK 20,000 or alternatively spend 40 days in jail upon being found guilty of placing a red painted severed pig’s head on the sidewalk outside a mosque in Kristiansand last May.
Defense attorney Bengt Waldow from the law firm Judicium DA of Bergen is representing the man. Currently there are no lawyers in Kristiansand who specialize in human rights and freedom of speech. According to the constitution and current judicial practices, inappropriate expressions are not necessarily punishable — even if a conviction has been obtained in the first instance. Bengt Waldow believes that this case will set an important precedent.
The matter is urgent, as the appeal notification has to be lodged with the Agder Court of Appeals by February 8. SIAN is of the opinion that the initial ruling must be reconsidered by the Court of Appeals. The correct application of the law should primarily be based upon the Constitution, which allows freedom of speech in any context. SIAN believes that the district court has erroneously based their ruling on penal code § 390a which is incorrect and which is also likely to be the main argument of the defense.
The convicted male has not exhibited any “alarming or distressing behavior”, nor has he exhibited “reckless behavior or violated someone else’s peace”, which the particular paragraph in question states. Nor has violence of any kind been used. The pig’s head placed in front of the mosque was simply a statement in response to the situation that arose — after the Piglet drawing was removed from the pediatric wing of Sørlandet Hospital.
The principal question in this particular case is whether the Muslim Union of Agder has to concede that Muslims also must accept “violations” — and that society through trial concludes that freedom of expression has to prevail over such “violations”. If this is the case, the 40-year-old man has to be acquitted. If not, at least the fine should be reduced by half.
According to sources SIAN has been in contact with, the Court of Appeal will only allow a review if strong legal arguments are presented. It is mainly the judicial aspect of the appeal that has to be examined more thoroughly.
On behalf of Stop the Islamisation of Norway (SIAN)
Arne Tumyr (leader)