Prosecution to appeal acquittal in Vanhanen book case

Political ties of lay court members raise questions of impartiality

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The prosecution in the case surrounding the book written by Susan Ruusunen, the former girlfriend of Prime Minister Matti Vanhanen (Centre) plans to appeal Wednesday's acquittal of Ruusunen and publisher Kari Ojala.
     The two were charged with violating Vanhanen's right to privacy in a book written by Ruusunen on the relationship that the two had.
     The prosecutor's decision to appeal means that Ruusunen will also face charges again. Vanhanen had previously said that he would appeal only the acquittal of Kari Ojala.
     Meanwhile, the acquittal has raised questions about the role of lay members administering justice in Finnish district courts. In Wednesday's decision, the view of two lay members prevailed over that of a third lay member and the judge, who would have wanted to convict. In such an evenly split vote, the view most favourable to the interests of the defendant is the one that prevails.
     
The appeal is expected to be heard next autumn or winter at the earliest, which means that a decision would come in about a year's time.
     The court of appeals involves a panel of three judges as well as a reporting official. The appeals court has no lay members.
     
The political ties of the lay members of Finland's district courts have raised some questions in connection with the trial over Ruusunen's book.
     The lay members of district courts are appointed by local councils, and questions have been raised about the influence that the political backgrounds of those chosen to decide on such legal matters might have.
     The two lay members who decided the trial surrounding Susan Ruusunen's book in favour of the defendants both have political ties, Risto Kolanen with the Social Democratic Party, and Antti-Jussi Räihä with the National Coalition Party.
     There has been speculation on Internet chat rooms as to whether or not the political backgrounds of the lay members in the trial might have influenced the outcome. Legal experts have not seen any evidence of any such influence.
     It has also been suggested that the system might be problematic from the point of view of the principle of the separation of powers by blurring the boundaries between the judicial and the legislative branches of government.
     In Oulu, MP Lyly Rajala (Nat. Coalition Party) has long served as a local lay member of the district court. Rajala has served on the court since 2001, and continues to do so even after being elected to Parliament in 2003.
     Rajala does not see any conflict in the two roles.
     "On the contrary, there are good sides. I have served as an intermediary between Parliament and the district court."
     High-ranking Ministry of Justice official Heikki Liljeroos feels that it would be worth considering a change in the law so that Members of Parliament and municipal politicians would be disqualified from serving as lay members on district courts.
     
Minister of Justice Tuija Brax (Green) insisted during Parliamentary question time that the lay members are not chosen on a political basis, and that it is made quite clear to those chosen to the positions that their task is not a political one.
     "People who commit to this important civic duty are trained to be part of an independent court system", Brax said, adding "The claim that the lay members are chosen politically is a very serious one."
     The claim was made by Oulu MP Tuulikki Ukkola (Nat. Coalition Party).


Previously in HS International Edition:
  Publisher and ex-girlfriend acquitted in privacy case - Vanhanen to appeal decision (6.4.2007)
  BREAKING NEWS: Susan Ruusunen and publisher acquitted in Vanhanen book case (5.3.2008)

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