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Supreme Court of Denmark

Lay judge not disqualified 

Case no. 100/2015

Order made on 11 September 2015

The Public Prosecutor

Lay judge's Facebook friendship with witness in criminal case did not disqualify him

The case concerned whether lay judge A was disqualified for the hearing of an assault case, because he was registered as a "Facebook friend" of B, who is a member of the Copenhagen City Council. B was the aggrieved party and gave evidence before the District Court. On two occasions, A had posted positive comments for B's Facebook post, and had also on one occasion expressed his support for B in a Facebook campaign against B's political beliefs. A and B did not know each other personally and had never met or spoken to each other, and A's comments did not concern the criminal case.  

The Supreme Court held that the fact that A was registered as a Facebook friend of B and the interaction on Facebook between A and B did not disqualify A as a lay judge in the criminal case.

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