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Pirate Bay Lawyers File for Retrial E-mail
by David Heath   
Tuesday, 28 April 2009
As expected, lawyers for the four Pirate bay founders have appealed to the Swedish Court of Appeal, alleging bias on the part of the presiding judge of the trial. The defendants, who received a jail sentence and multi-million dollar fine, are protesting the fact that after the trial concluded it was revealed that the judge is a member of two copyright protection organisations.

Court documents obtained by Reuters assert that Judge Tomas Norstrom was biased during the trial.  Also it is claimed that he neglected to inform the defendants and their lawyers of the facts that constituted the bias," defence lawyer Per Samuelson said in the document.

The details of the alleged bias were outlined in a previous article on the matter.

Judge Norstrom is a member of the Swedish Copyright Association and he also sits on the board of the Swedish Association for the Protection of Industrial Property.

In addition, the legal representative for the film and recording industry in the trial, Monique Wadsted, is also a member of the Swedish Copyright Association.

The Court of Appeal has the power to return the matter to the District Court where presumably a different judge would hear the case.

The lawyer for Carl Lundstrom (one of the four defendants) also filed an appeal, asking the court of appeal to change the verdict and dismiss the prosecution and the claims for compensation.  In an effort to seek a friendlier legal environment, Lundstrom’s lawyer also suggested that the court should seek the assistance of the European court of justice for a preliminary ruling.

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