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22 October 2012 Lara Johnstone PO Box 5042 George East, South Africa, 6539 By email: jmcswan@mweb.co.za Dear Ms Johnstone, Re: Sydney Morning Herald “No Breivik appeal as case formally ends”. I acknowledge receipt of your complaint received on 11 September 2012, and subsequent correspondence received on 9 October. The Australian Press Council will only accept complaints from overseas relating to events overseas in exceptional circumstances, especially when the complainant is not directly affected. If your application to the Norwegian Supreme Court is accepted, you might consider submitting a letter to The Sydney Morning Herald for publication. However, failure to publish the letter would be unlikely to constitute a breach of our principles, or at least to be of such gravity that we would proceed with a complaint from overseas. Yours sincerely

Paul Nangle Director of Complaints

Note: Information on the Council’s Statements of Principles about media standards of practice and a summary of the Council’s processes for dealing with complaints are available on the Council’s website (www.presscouncil.org.au)

Australian  Press  Council  

Address: Suite  10.02,  117  York  Street,  Sydney  2000      Phone:  (02)  9261  1930  or  1800  025  712      Fax:  (02)  9267  6826     Email:  info@presscouncil.org.au        Web:  http://www.presscouncil.org.au    


P O Box 5042 George East, 6539 Cell: (071) 170 1954 09 September 2012

Australian Press Council Suite 10.02, 117 York Street, Sydney 2000 Fax: (02) 9267-6826 Email: complaints@presscouncil.org.au Ref: Judy Prisk Readers Editor Sydney Morning Herald SMH Readers Ed (readersed@smh.com.au) Dear AU Press Council,

Complaint against Sydney Morning Herald: No Breivik Appeal as Case Formally Ends1: Relief Requested in terms of General Statement of Principles2: 2. Correction of inaccuracy 3. Publishing responses

Sydney Morning Herald Article: No Breivik appeal as case formally ends Lawyers for right-wing extremist Anders Behring Breivik have confirmed he will not appeal his conviction and sentencing for bombing and shooting attacks in Norway that killed 77 people. After meeting Breivik in prison, his main lawyer Geir Lippestad said there was "no doubt" the legal process is now over and his prison term would begin at midnight on Friday (0800 AEST Saturday). The Oslo district court handed down the 21-year sentence on August 24, after convicting Breivik for Norway's worst acts of violence since World War II - a bombing in Oslo and a shooting rampage on the island of Utoya.

1 2

http://news.smh.com.au/breaking-news-world/no-breivik-appeal-as-case-formally-ends-20120908-25kjb.html http://www.presscouncil.org.au/statements-of-principles/

09/09/12 AU Press Council: SMH: Correction of (2) Inacuracy & (3) Reply www.fleur-de-lis.co.nr


Breivik's decision did not come as a surprise. He told the court last month that he would not appeal its ruling. Lippestad and co-lawyer Vibeke Hein Baera expressed relief that the case had come to an end. Siv Hallgren, one of the lawyers who represented victims and bereaved at the 10-week trial, said her clients welcomed that there would not be an appeal case, news agency NTB reported.

Error: The case has not ‘formally ended’. [1] 27 August Application to Supreme Court for Review of Breivik Judgement. On 27 August 2012 an application3 was filed with the Norwegian Supreme Court for Review of the Oslo District Court: Breivik Judgement, to set aside (A) the Necessity ruling, and (B) the conviction and Remit to Oslo District Court for hearing of further evidence to conclude Objective and Subjective Necessity Test Evidentiary Enquiry. The finding of guilt, in the absence of full Objective and Subjective Necessity Test Conclusions renders the Guilt Finding Inadequate. Additionally the application for review also requested an Order to Set Aside the Oslo District Court: Breivik Judgement’s failure to disclose the pending Judicial Ethics violation complaint (PDF4) against Judge Wenche Arntzen, filed on 06 June 2012 to the Secretariaty for the Supervisory Committee for Judges (Case 2012-0725), as a violation of Aarhus Convention Article 3.(3)(4)(5)6 principles and general ECHR public accountability transparency (Lithgow & Others v. United Kingdom) 7 principles. The Norwegian Supreme Court Registrar has so far refused to issue a Case Number for the Application for Review of the Breivik Judgement, or to provide reasons for their refusal. A complaint of Slow Case Processing against the Supreme Court Registrar was submitted to the Parliamentary Ombudsman on 02 September 2012. (Annex A) Mr. Breivik, his attorneys: Mr. Geir Lippestad and Ms. Baera; and Ms. Siv Hallgren, Ms. Yvonne Mette Larsen and Mr. Frode Elgesem (attorney’s liaison for all attorneys representing victims families), Prosecutors Svein Holden and Inga Bejer Engh are all well aware of the Application for Review.

[2] Notifications to Norwegian Foreign Press Association (FPA) The Norwegian Foreign Press Association8 as well as all their members, which include journalists from Reuters, Agence France Presse (AFP), Associated Press (AP), Al Arabija, Al Jazeera, BBC, Bloomberg, Globe and Mail, Xinhua, Die Welt, Irish Times, Himalayan Times, Itar-Tass, etc., were notified9 by 13:00 hrs (GM+2) on 07 September 2012 of aforementioned information, that: (A) Application for Review of Breivik Judgement filed with Norway Supreme Court;

3

http://ecofeminist-v-breivik.weebly.com/27-aug-12-review-applic.html http://issuu.com/js-ror/docs/120530_tilsynsutvalget_arntzen?mode=window&viewMode=doublePage http://ecofeminist-v-breivik.weebly.com/12-072-judge-wenche-arntzen.html 6 Convention on Access to Information, Public Participation in Decisioin-making and Access to Justice in Environmental Matters http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf 7 The rule of law requires legislation (or judgements or court officials decision-making) to be adequately accessible and sufficiently precise to enable people to regulate their affairs in accord with the law (Lithgow & others v United Kingdom). Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 http://www.unhcr.org/refworld/publisher,ECHR,,GBR,3ae6b7230,0.html 8 http://www.fpanorway.com/2008/08/members.html 9 http://ecofeminist-v-breivik.weebly.com/no-foreign-press-assoc.html 4 5

09/09/12 AU Press Council: SMH: Correction of (2) Inacuracy & (3) Reply www.fleur-de-lis.co.nr


(B) Complaint filed with Parliamentary Ombudsman against Supreme Court, for slow case processing; (C) Pending Judicial Ethics violation complaint against Judge Wenche Arntzen.

Direct Association: Yes. I filed the application for Review of the Breivik Judgement to the Oslo Supreme Court, as well as prior Habeus Mentem (Right to Legal Sanity) applications to the Oslo District Court, on behalf of Mr. Breivik's sanity. Contact with Publication: Yes. I contacted Sydney Morning Herald Readers Editor with a Request for a Correction on Sat 9/8/2012 12:29 AM. On Monday, September 10, 2012 9:19 AM, Ms. Judy Prisk, their readers editor responded refusing to publish a correction, or to change the story online, as follows: “We will not be publishing a correction; nor will we change the story online.� Respectfully Submitted

Lara Johnstone Radical Honoursty EcoFeminist | Habeus Mentem: Right 2 Legal Sanity ecofeminist-v-breivik.weebly.com Encl: [A] Email Correspondence [B] Documentation submitted to Sydney Morning Herald

From: Habeus Mentem [mailto:habeusmentem@mweb.co.za] Sent: Saturday, 8 September 2012 8:29 AM To: SMH Readers Ed Subject: SMH Reader Editor: Request Correction of Inacuraccy in "No Breivik Appeal as Case Formally Ends" Readers Editor Sydney Morning Herald GPO Box 506 Sydney NSW 2001 Email: readersed@smh.com.au Dear Sir/Madam, Request Correction of Inaccuracy in: Sydney Morning Herald: No Breivik Appeal as Case Formally Ends: The case has not 'formally ended': [1] 27 August Application to Supreme Court for Review of Breivik Judgement. On 27 August 2012 an application was filed with the Norwegian Supreme Court for Review of the Oslo District Court: Breivik Judgement, to set aside (A) the Necessity 09/09/12 AU Press Council: SMH: Correction of (2) Inacuracy & (3) Reply www.fleur-de-lis.co.nr


ruling, and (B) the conviction and Remit to Oslo District Court for hearing of further evidence to conclude Objective and Subjective Necessity Test Evidentiary Enquiry. The finding of guilt, in the absence of full Objective and Subjective Necessity Test Conclusions renders the Guilt Finding Inadequate. Additionally the application for review also requested an Order to Set Aside the Oslo District Court: Breivik Judgement's failure to disclose the pending Judicial Ethics violation complaint (PDF) against Judge Wenche Arntzen, filed on 06 June 2012 to the Secretariat for the Supervisory Committee for Judges (Case 2012-072), as a violation of Aarhus Convention Article 3.(3)(4)(5) principles and general ECHR public accountability transparency (Lithgow & Others v. United Kingdom) principles. The Norwegian Supreme Court Registrar has so far refused to issue a Case Number for the Application for Review of the Breivik Judgement, or to provide reasons for their refusal. A complaint of Slow Case Processing against the Supreme Court Registrar was submitted to the Parliamentary Ombudsman on 02 September 2012. Mr. Breivik, his attorneys: Mr. Geir Lippestad and Ms. Baera; and Ms. Siv Hallgren, Ms. Yvonne Mette Larsen and Mr. Frode Elgesem (attorney's liaison for all attorneys representing victims families) are all well aware of the Application for Review. [2] Notifications to Norwegian Foreign Press Association (FPA) The Norwegian Foreign Press Association as well as all their members, which include journalists from Reuters, Agence France Presse (AFP), Associated Press (AP), Al Arabija, Al Jazeera, BBC, Bloomberg, Globe and Mail, Xinhua, Die Welt, Irish Times, Himalayan Times, Itar-Tass, etc., were notified by 13:00 hrs (GM+2) on 07 September 2012 of: (A) Application for Review of Breivik Judgement filed with Norway Supreme Court; (B) Complaint filed with Parliamentary Ombudsman against Supreme Court, for slow case processing; (C) Pending Judicial Ethics violation complaint against Judge Wenche Arntzen. Respectfully Submitted Lara Johnstone Radical Honoursty EcoFeminist Habeus Mentem: Right 2 Legal Sanity ecofeminist-v-breivik.weebly.com Encl: [A] Norway Supreme Court: Application for Review of Breivik Judgement: Filing Sheet. [B] Supreme Court Registrar Slow Case Processing to Parl. Ombudsman.

From: SMH Readers Ed [mailto:readersed@smh.com.au] Sent: Monday, September 10, 2012 9:19 AM To: Lara Subject: RE: SMH Reader Editor: Request Correction of Inacuraccy in "No Breivik Appeal as Case Formally Ends" Dear Lara Johnstone, We will not be publishing a correction; nor will we change the story online. Thank you for writing, Judy Judy Prisk Readers' editor readersed@smh.com.au

09/09/12 AU Press Council: SMH: Correction of (2) Inacuracy & (3) Reply www.fleur-de-lis.co.nr


P O Box 5042 George East, 6539 Cell: (071) 170 1954 07 September 2012

Readers Editor Sydney Morning Herald GPO Box 506 Sydney NSW 2001 Email: readersed@smh.com.au Dear Sir/Madam,

Request Correction of Inaccuracy in: Sydney Morning Herald: No Breivik Appeal as Case Formally Ends1: No Breivik appeal as case formally ends Lawyers for right-wing extremist Anders Behring Breivik have confirmed he will not appeal his conviction and sentencing for bombing and shooting attacks in Norway that killed 77 people. After meeting Breivik in prison, his main lawyer Geir Lippestad said there was "no doubt" the legal process is now over and his prison term would begin at midnight on Friday (0800 AEST Saturday). The Oslo district court handed down the 21-year sentence on August 24, after convicting Breivik for Norway's worst acts of violence since World War II - a bombing in Oslo and a shooting rampage on the island of Utoya. Breivik's decision did not come as a surprise. He told the court last month that he would not appeal its ruling. Lippestad and co-lawyer Vibeke Hein Baera expressed relief that the case had come to an end. Siv Hallgren, one of the lawyers who represented victims and bereaved at the 10-week trial, said her clients welcomed that there would not be an appeal case, news agency NTB reported.

The case has not ‘formally ended’: [1] 27 August Application to Supreme Court for Review of Breivik Judgement. On 27 August 2012 an application2 was filed with the Norwegian Supreme Court for Review of the Oslo District Court: Breivik Judgement, to set aside (A) the Necessity ruling, and (B) the conviction and Remit to Oslo District Court for hearing of further evidence to conclude 1

http://news.smh.com.au/breaking-news-world/no-breivik-appeal-as-case-formally-ends-20120908-25kjb.html

2

http://ecofeminist-v-breivik.weebly.com/27-aug-12-review-applic.html

07/09/12 Sydney Morning Herald:Req. Correction of Inacuracy www.fleur-de-lis.co.nr


Objective and Subjective Necessity Test Evidentiary Enquiry. The finding of guilt, in the absence of full Objective and Subjective Necessity Test Conclusions renders the Guilt Finding Inadequate. Additionally the application for review also requested an Order to Set Aside the Oslo District Court: Breivik Judgement’s failure to disclose the pending Judicial Ethics violation complaint (PDF3) against Judge Wenche Arntzen, filed on 06 June 2012 to the Secretariaty for the Supervisory Committee for Judges (Case 2012-0724), as a violation of Aarhus Convention Article 3.(3)(4)(5)5 principles and general ECHR public accountability transparency (Lithgow & Others v. United Kingdom) 6 principles. The Norwegian Supreme Court Registrar has so far refused to issue a Case Number for the Application for Review of the Breivik Judgement, or to provide reasons for their refusal. A complaint of Slow Case Processing against the Supreme Court Registrar was submitted to the Parliamentary Ombudsman on 02 September 2012. (Annex A) Mr. Breivik, his attorneys: Mr. Geir Lippestad and Ms. Baera; and Ms. Siv Hallgren, Ms. Yvonne Mette Larsen and Mr. Frode Elgesem (attorney’s liaison for all attorneys representing victims families) are all well aware of the Application for Review. [2] Notifications to Norwegian Foreign Press Association (FPA) The Norwegian Foreign Press Association7 as well as all their members, which include journalists from Reuters, Agence France Presse (AFP), Associated Press (AP), Al Arabija, Al Jazeera, BBC, Bloomberg, Globe and Mail, Xinhua, Die Welt, Irish Times, Himalayan Times, Itar-Tass, etc., were notified by 13:00 hrs (GM+2) on 07 September 2012 of: (A) Application for Review of Breivik Judgement filed with Norway Supreme Court; (B) Complaint filed with Parliamentary Ombudsman against Supreme Court, for slow case processing; (C) Pending Judicial Ethics violation complaint against Judge Wenche Arntzen. Respectfully Submitted

Lara Johnstone Radical Honoursty EcoFeminist Habeus Mentem: Right 2 Legal Sanity ecofeminist-v-breivik.weebly.com Encl: [A] Norway Supreme Court: Application for Review of Breivik Judgement: Filing Sheet. [B] Supreme Court Registrar Slow Case Processing to Parl. Ombudsman. 3

http://issuu.com/js-ror/docs/120530_tilsynsutvalget_arntzen?mode=window&viewMode=doublePage

4

http://ecofeminist-v-breivik.weebly.com/12-072-judge-wenche-arntzen.html

5

Convention on Access to Information, Public Participation in Decisioin-making and Access to Justice in Environmental Matters http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf 6

The rule of law requires legislation (or judgements or court officials decision-making) to be adequately accessible and sufficiently precise to enable people to regulate their affairs in accord with the law (Lithgow & others v United Kingdom). Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110 http://www.unhcr.org/refworld/publisher,ECHR,,GBR,3ae6b7230,0.html 7

http://www.fpanorway.com/2008/08/members.html

07/09/12 Sydney Morning Herald:Req. Correction of Inacuracy www.fleur-de-lis.co.nr


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DPA Lawyers for right-wing extremist Anders Behring Breivik have confirmed he will not appeal his conviction and sentencing for bombing and shooting attacks in Norway that killed 77 people. After meeting Breivik in prison, his main lawyer Geir Lippestad said there was "no doubt" the legal process is now over and his prison term would begin at midnight on Friday (0800 AEST Saturday). The Oslo district court handed down the 21-year sentence on August 24, after convicting Breivik for Norway's worst acts of violence since World War II - a bombing in Oslo and a shooting rampage on the island of Utoya.

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Breivik's decision did not come as a surprise. He told the court last month that he would not appeal its ruling. Lippestad and co-lawyer Vibeke Hein Baera expressed relief that the case had come to an end. Siv Hallgren, one of the lawyers who represented victims and bereaved at the 10-week trial, said her clients welcomed that there would not be an appeal case, news agency NTB reported. Trond Henry Blattmann, head of a support group for bereaved, said: "We were pleased with the sentence and hoped it would not be overturned." The youth wing of the Norwegian Labour Party on Friday unveiled plans to repair and construct new buildings on Utoya, where 69 people were gunned down by Breivik. But it said that in the future no summer camps would be held on July 22 - the day of the rampage. A building that served as a cafe where 13 youths were shot would be pulled down, while a memorial was planned on the island.

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12-10-22: Aust. Press Council: Ruling: Sydney Morning Herald: Breivik Censorship  

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