Marius Høiby is asking a Norwegian court to release him from the electronic-tag arrangement that has kept him at Skaugum, the royal couple's residence, since mid-July, according to VG. His defence lawyers say the situation has become untenable for the 29-year-old, and a therapist and a representative from Friomsorgen, Norway's probation service, are expected to testify about his condition and about how the tagging scheme works.
Prosecutors oppose the request and are seeking four more weeks in custody, arguing there is a risk he will commit further offences.
Why it matters
The hearing is the latest round in a case that has drawn wide attention in Norway because of who Høiby is and because of the unusual arrangement under which he has been serving pre-trial detention. He is the son of Crown Princess Mette-Marit and has been confined to the royal estate under electronic monitoring rather than held in a conventional prison while his case moves through the courts.
VG reports that his defence team announced last week that they would apply for his release. At that point they said the burden on him is heavier than what has been made public and that he was looking forward to explaining to the court how the current arrangement affects him. His lawyer, Storrvik, told TV 2 that the situation at Skaugum is now "unbearable" and that the arrangement no longer works for his client, though he declined to go into the circumstances that he said had changed. He said he would explain the reasons in court.
According to TV 2, the lawyer also argued that if the tagging scheme had functioned as intended, Høiby would plainly have preferred to serve his sentence at home rather than in a closed prison later. The fact that he is nonetheless asking to be released, the lawyer said, indicates how serious the situation has become.
How the arrangement works
Under the terms described in court, Høiby must stay in his residence on the Skaugum grounds or on the deck outside it unless he has permission to leave. He is allowed visitors and may make daily sick visits to his mother, Queen Mette-Marit, who lives in the main house on the same property. The district court heard that he is permitted three hours of such visits each day.
He may also leave for work, school, treatment or visits to family members if authorised. He is not currently allowed to spend time in the garage on the estate, where VG reports he likes to work on motorcycles.
As part of the conditions, he holds weekly sessions with RISK, a police-run programme on risk assessment and the prevention of violence in close relationships. 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. VG notes that such checks can come at any time.
The underlying case
Høiby was convicted in Oslo District Court and sentenced to four years in prison, including for the rape of two women and for domestic abuse against his former partner, Nora Haukland. He has appealed parts of the judgment. The appeal is scheduled to begin on 9 February, and Borgarting Court of Appeal has set aside 16 days for the hearing.
VG explains that "varetekt" refers to being held in custody before a case is finally decided, for example where a court considers there to be a danger of new offences. The formal term for the tagging arrangement is custody with electronic control. The tag is worn around the ankle and makes it possible to check whether a person remains within a defined area.
The prosecution's position is that he should remain in custody because of the risk that he will offend again. The defence's argument, as set out to TV 2, rests on the claim that the conditions have become unworkable for him rather than on any dispute about the conviction itself at this stage.
What to watch
The court's decision on the release request will determine whether Høiby remains at Skaugum under the tag or returns to conventional custody ahead of his appeal, which opens on 9 February.
