It was a long first day in the witness box for the police officer charged with violence in the appeal case in the Borgarting Court of Appeal on Tuesday.
The parties did not reach an agreement, and his questioning continues today, and then it is his defenders John Christian Elden and Heidi Reisvang who will ask questions.
Then the main victim in the case, Kevin Simensen, will tell his version of what happened.
On Tuesday, the policeman in his 30s went in detail through the whole evening and night at the end of October in 2022. He talked about the first meeting he had with Simensen earlier in the evening, and about how the night ended, in a basket roof at a petrol station in Kongsberg.
Although it wasn’t a policeman
Kevin Simensen told the court that he had drunk 8-12 beers that evening, and does not have as detailed an explanation of the incident as the policeman has had.
– The memory is starting to get a little bad after those blows to the head, said Simensen.
He was refused re-entry to the Privat pub, after taking a smoke. He was annoyed, because he says he didn’t get a good explanation. The group of friends went to Esso a little later, to be picked up and driven home to Vestfossen.
– Then the police stood there, and then I was pointed out by the doorman from Privat. He thought I had threatened him or something like that, but I hadn’t. Then I got annoyed, because I felt that I wasn’t heard, Simensen said in court.
He felt that he was calm and said he just wanted to clarify the situation.
– I noticed that a person came up to my side and grabbed me. I didn’t quite connect what was happening and was thrown to the ground. I can’t remember any orders or anything like that, and didn’t connect that it was an official, said Simensen.
– When did you realize it was a policeman? asked prosecutor Marit Oliver Storeng.
Siemens had no clear answer to that.
– I knew there were police there, but I didn’t realize that someone didn’t intervene. It felt like I was suddenly attacked, even though I knew the police were there.
Prosecutor Marit Oliver Storeng wondered how long it took before Kevin Simensen realized the defendant was a policeman.
Photo: Caroline Utti / NRK
Survival instinct
The policeman said on Tuesday that he took Simensen by the arm, to drag him away from the situation and talk to him. After Simensen pulled his arm, the policeman decided to put him on the ground.
– It wasn’t a lot of force or power that I used to pull my arm, it was more of a splash, Simensen said today.
Simensen said that he was shocked when he was dragged to the ground.
– Then I only thought about protecting myself.
The court has seen several videos of the incident, which show a basketball attack that lasts for many minutes. The policeman hits Simensen in the head on several occasions. He told the court that he had to, to protect himself and gain control over Simensen.
Simensen said that his survival instinct made him protect himself.
– I got the feeling that it didn’t stop. I was just trying to get away from what happened. The extreme escalation gave me no impression that it was going to stop.
– It’s a joke, I didn’t intend to hurt anyone. I was the one trying to get away from getting hurt.
Kevin Simensen and Kristian Teigen will tell their version of what happened at the Esso station on Wednesday.
Photo: Caroline Utti / NRK
Was called hornets
Earlier on Wednesday, defender Heidi Reisvang showed still images from the much-discussed surveillance video, which is much longer and more extensive than the one shown in the media.
According to the policeman, the photos show that Simensen struck first.
In another sequence, filmed with a mobile camera, the police had gained control of Simensen.
– We were called fucking whores. He shouted that he was going to get us fired, in an aggressive tone, the accused policeman told the court.
The policeman’s defenders, John Christian Elden and Heidi Reisvang.
Photo: Caroline Utti / NRK
13 punches
Video surveillance images show that the policeman repeatedly hit Simensen in the head with a clenched fist. It is indisputable.
The core of the case is whether the violence was necessary, or whether it was an excessive use of force.
– We are trained to continue with our use of force, until we get the effect we want, which in this case was the opportunity to arrest.
– I count 13 strokes. How would you manage to see the impact of the blows, when the frequency is so fast? asked prosecutor Marit Oliver Storeng
– It is when he lies still and no longer resists.
Afraid of losing the gun
The policeman said he was afraid for his own safety and that of his colleagues. There was temporary armament in Norway at the time, and the official said he also feared being deprived of the pistol he had in his belt.
He therefore believed he had no choice.
Buskerud district court agreed when the case was heard there last summer, and the policeman was acquitted.
Four days have been set aside for the appeal hearing in Borgarting in Oslo.
An employee of NRK is a co-judge in this case. She has no role in the coverage of the case.
