Prosecution in Sonera case demands suspended prison sentences

Defendants admit to "forgivable mistake

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Prosecutor Markku Pohjanoksa summed up his case in the ongoing trial of former managers of the telecommunications service provider Sonera on Wednesday. The executives are believed to have authorised the illegal tracing of telephone calls in 2000 and 2001. At that time Sonera managers were concerned about leaks of confidential corporate information to the press.
      Pohjanoksa called for suspended sentences and fines for the eight defendants. He urged the court to impose the stiffest sentences on former CEO Kaj-Erik Relander and former Security Chief Juha E. Miettinen, as well as former Security Chief Alpo Manninen.
     
Lawyers for the defence cited a number of mitigating circumstances on the last day of arguments. They also sought to portray their clients as good citizens. For instance, Johan Bützov, who represents former security chief Sari-Anna Pulkkinen, told the court that his client always uses a reflector when walking at night, and never crosses the street when the light is red.
      A doctor’s certificate presented on behalf of Alpo Manninen portrayed him as a man who is very committed to his work.
      During the weeks of arguments the defendants have largely tried to shift the blame onto each other, but in the final stretch, the defence arguments focused on the legislation itself.
      The main defence tactic at the end of the trial was to claim that the defendants had made a "forgivable mistake". The lawyers noted that Finnish law allows for acquittal when a law is difficult to comprehend, or when an official has given incorrect advice.
      According to the defendants, the law on telecommunications privacy is especially difficult to understand.
     
The law on data protection states that a telecommunications operator is allowed to trace telecommunications for the "prevention and investigation of wrongdoing". In the view of the defence, the paragraph could be seen to extend to the investigation of internal leaks of information.
      Prosecutor Pohjanoksa countered this argument, saying that communications privacy is quite clearly defended under the Finnish Constitution.
      The deliberation phase is expected to take longer than usual because of the exceptionally large amount of material brought into evidence. The judge has promised a verdict in about two months.


Previously in HS International Edition:
  Sonera trial: systems expert says company did not give instruction on legal implications of use of telephone records (9.3.2005)

Links:
  Sonera trial: Relander admits knowledge of snooping, says he thought it was legal (4.3.2005)
  Sonera defendants deny deliberate violation of telecommunications privacy (8.2.2005)

Helsingin Sanomat