Marius Borg Høiby has asked to be released from his current custody arrangement, which is being served under electronic monitoring at Skaugum, according to VG. His request comes as prosecutors seek another four weeks of detention, the outlet reports.
A court hearing on whether the legal conditions for continued custody are met is scheduled for Monday. Høiby's lawyer, Alexander Greaker, told VG that the defence sees no basis for keeping his client locked up.
"In our view there is no grounds for continued imprisonment of Høiby. We will therefore ask that he be released when the court on Monday is to test whether the legal conditions for further custody are met," Greaker said, according to VG.
Why it matters
The decision will determine whether the 29-year-old spends the coming weeks at home under restrictions or back behind prison walls while he awaits his appeal trial. Høiby was convicted earlier this year by Oslo District Court on several counts, including the rape of two women while they slept and abuse in a close relationship against his former partner Nora Haukland, VG reports.
He has been in custody since 2 February, the day before his first trial began. He initially sat in prison, but in July he won approval to serve the detention at his home on Skaugum, the royal couple's estate, wearing an electronic tag.
Prosecutors point to repeat-offence risk
Police prosecutor Oda Karterud has previously told VG that the prosecution believes there is a risk Høiby would commit new offences if released. That assessment underpins the request for a further four weeks of custody.
The current arrangement is strict. Unless he has permission to leave for work, school, treatment or to visit a sick family member, Høiby must stay inside his residence or on its deck. During the district court proceedings it emerged that he is allowed three hours of daily visits to his mother, who lives in the main house on the same property. He may also receive visitors himself.
A garage on the estate where Høiby likes to work on motorcycles is currently off limits to him. He holds weekly sessions with RISK, a police-run programme for risk analysis and crime prevention in close relationships, aimed at preventing future violence. He is also subject to frequent drug and alcohol tests, with those carrying them out arriving unannounced with only a few minutes' notice, he told the court.
Greaker said the custody situation is demanding for his client. "The custody situation is challenging for him. The strain is greater than what emerges publicly, and he looks forward to explaining to the court how the current arrangement affects him," the lawyer told VG.
Høiby was remanded in custody in early October until 2 November, which is why Monday's hearing will decide whether he is freed or held for additional weeks.
Appeal set for February
The appeal case will be heard by Borgarting Court of Appeal, which is to assess whether Høiby is guilty of raping two women and of abuse in a close relationship. The first trial ran for seven weeks and heard testimony from more than 70 witnesses.
The appeal is currently scheduled to run from 9 February to 5 March next year, with 16 court days set aside compared with 28 in the previous round. Høiby has changed defence lawyers since then; he is now represented by Alexander Greaker and Daniel Storrvik.
Monday's ruling will settle his custody status for the immediate future, with the appeal itself not due to begin until February.
