- The prosecutor’s office states that it does not know how the Encrochat material was collected, despite several prosecutors previously claiming that the collection took place in France.
- If the surveillance took place in Sweden, against individual telephones, several defenders believe that it is contrary to Swedish law.
- “The defense is deprived of the opportunity to conduct an effective defense,” lawyer Max Ahlgren told Ekot.
The details of how the French police managed to get over millions of messages sent via the encrypted service Encrochat are few.
Several Swedish prosecutors have previously stated that the collection took place in France, but now the Public Prosecutor’s Office says that they do not know exactly how it happened.
A large number of people is now charged with felony criminal mischief for using Encrochat material as evidence.
“We do not know how the material was accessed. We also do not know how the material was emptied, how it was treated”, says Max Ahlgren, who represents a man who is charged with a serious drug crime and preparation for murder in Örebro District Court.
Several British documents which Ekot has read states that French police read the information from telephones on British soil.
If the same thing happened in Sweden, several defense lawyers believe that it is contrary to the Swedish law on secret data reading.
The defenders want the evidence from Encrochat to be rejected, but according to several experts Ekot has spoken with it is unlikely that it will happen.
However, can the details of the investigation affect how the Encrochat material is valued in each judgment.
Max Ahlgren says that if the Swedish police had carried out a similar measure, he would, for example, be allowed to interrogate those who carried out the investigation. But there is now French secrecy.
“You had also been allowed to take part in the original material, and through it then form an opinion about the content of the material.”
Several courts have already approved the evidence – but you still want it rejected. How likely is it?
“The district court and the court of appeal have not granted our request. Now only one instance remains, and that is the Supreme Court.”
Source: ICELAND NEWS