Judge steps aside after comments raise impartiality concerns

Ingibjörg Þorsteinsdóttir, a judge at Landsréttur, has withdrawn from a criminal case after comments she made during the main hearing were deemed capable of raising doubts about her impartiality, mbl.is reports.

The case concerns a man convicted by the Reykjanes District Court of deprivation of liberty, sexual offences, aggravated assault, threats and other crimes. He was sentenced to two years and six months in prison.

According to the indictment, he deprived another man of his freedom in an apartment in Garðabær in January 2023 and held him there for about two hours and 20 minutes. He allegedly followed the man into a room where he had placed a camera to record the deprivation of liberty. He was also charged with sexual offences and aggravated assault against another complainant.

During the main hearing at Landsréttur on May 26, audio and video recordings of testimony from the defendant, a co-defendant and complainants before the district court were played.

When a recording of the defendant’s conduct was played, Ingibjörg asked for the hearing to be adjourned. Later, while the defence lawyer was discussing the recording and the consequences of the conduct shown in it, Ingibjörg interrupted and asked him not to “insult” the court with his legal argument.

The defence lawyer emailed Landsréttur the following day, expressing concern that his client would not receive a fair trial. He said the judge’s comments and reactions raised questions about her impartiality.

Landsréttur subsequently convened a special hearing on the matter. The defence lawyer did not formally request that Ingibjörg withdraw, and the prosecutor also saw no reason for her to do so.

Nevertheless, Landsréttur examined her eligibility to hear the case on its own initiative. In a ruling dated June 8, the court said it was not sufficient for a judge to believe that they could decide a case impartially. It was also necessary to consider whether the circumstances could reasonably cause the parties or the public to doubt the judge’s impartiality.

The court concluded that Ingibjörg’s comments to the defence lawyer, considered in light of the subject matter of the case, were capable of creating a legitimate doubt about her impartiality.

Ingibjörg has therefore withdrawn from the case. It will be heard again at Landsréttur by a different judge on September 7.