A Lay-Judge Visual Protest

After a High Court hearing in mid-October 1983, one of the lay-judges in the High Court, came up to my defence, Folmer Reindel and I. This lay-judge said, to our surprise, “I have had enough of this injustice and will go right away to my member of parliament to ask for his help”. Although such an action and the statement must be considered highly irregular from a member of the panel of judges in the High Court, in the case, it was very positive for me and Folmer Reindel to witness.

Such a reaction from a High Court lay-judge showed that the Danish authorities had some difficulty in covering up the truth. In fact, today I would like this lay-judge to step forward and contact me.

As to their rubber-stamping Judge Claus Larsen’s verdict, the High Court had little choice. First, they had to throw out two of the ridiculous charges which the lay-judges would not go along with.
Secondly, they somehow had an obligation to discharge the Danish authorities which had kept me locked up in restrictive pre-trial confinement for more than four years.

This allowed the judges to give me an eight-year sentence, as I had served that and would immediately be released anyway. Further, the Special Prosecution had argued for 12 years prison sentence.
As the newspaper headlines say “Bagmandspolitiet wanted to give me a sentence of 12 years prison”. In the end, it became just an issue to justify more than 4 years of incarceration in pre-trial detention.

The fact that the judges agreed on five years must show that there were some problems with the lay-judges; the jurist judges could not really get their way of serving their masters.

Anyone who knows how the courts worked in Denmark at the time would have known that there must have been a compromise among the judges as well as pressure on the three lay-judges since the final judgment was a “lesser” justification than they could have made.

The previous protest by one of the two lay-judges in the City Court

Two years earlier to the High Court action by a lay-judge, my defence and I witnesses that early into the City Court proceedings, one of the lay judges excused himself and left, according to my lawyers he went to live in France. So, another housewife joins the other housewife as lay judges.

The lay judge who left the “show trial” appeared to be educated and did ask question constantly, which the judge had to answer. The two housewives just appeared to be two uneducated individual listenings to judge Claus Larsen.

The worst, both housewives had regular coffee and meals with the Claus Larsen and the members of the prosecution. No one was there to records what they daily talked about. One can only imagine how wrong such fraternisation was, just think of films showing American or English court cases, how the members of the jury are isolated from members of the prosecution and judges. Therefore, two housewives for hundreds of court hearings associating with the judiciary judge and the prosecution makes a mockery of justice.

We know today how Stasi worked in DDR, just spying on ordinary citizens' movements, making files on everyone and everything.

Bagmandspolitiet had in my case more than five years, during which they could act as an agent provocateur, intercept telephone calls, communication and spy on me, our staff and the companies; “leak” disinformation, lies and rumours.

Criminal Commissioner Mogens Kanding from Bagmandspolitiet (Special Prosecution) told Jyllands-Posten, Friday the 1st February 1980 :

“We have been investigating the company since it started (1974) just to see what is happening. Approximately three weeks ago our investigation became more intensive on our own initiative. We have not received any complaints“.

Mogens Kanding, criminal commissioner from Bagmandspolitiet tells Børsen (the main financial newspaper) on the day after my arrest:

“Through channels which we control we have found out that possible serious tax evasion has taken place, according to the criminal code paragraph 289 tells Mogens Kanding Børsen”.

“We will go through all the material and especially concentrate on the companies order confirmations and dealings with its clients since we wish to double control on these client’s tax returns. At the same time we want to concentrate to see if there has been any wrongdoing by the company, as an example if we suspect any fraud against the clients, we will contact these clients and ask for their version.”

Bagmandspolitiet has been investigating the company for more than five years just to see what? Just like Stasi or KGB. As Stalin said, “Show me a person and I will always find a reason against him” (to kill him or send him to the Gulag).

No complaint had been made to the police and the Special Prosecution (Bagmandspolitiet). The Special Prosecution decided themselves to take the action.

Further, that black money was invested in precious metals and the profits were tax free outside the reach of the fiscal authorities. This could NOT BE TOLERATED, despite that the current law allowed this at the time.

My British barristers Geoffrey Robertson QC and Kier Starmer were shocked to find out the powers of the Special Prosecution (Bagmandspolitiet) and that they themselves could select their target, act as agent provocateurs, intercept communication and create disinformation and lies. They compared rightly Bagmandspolitiet, in the European Court of Human Rights, to Stasi and KGB.

I was a victim of the Danish state: it was the state that took me hostage, traumatised me; and despite the judgment from the European Court of Human Rights, Denmark never recognised that in any shape or form.

At the outset of the trial in the lower court (Copenhagen City Court) my defence attorney Folmer Reindel said to a leading newspaper, Berlingske Tidende:

"With the collaboration between the judge (Claus Larsen), the prosecution and the prison service, which consequence seriously affects and prevent the defence - I fear a miscarriage of justice"

It was obvious to everyone except the tabloid media.
"Med det samarbejde, der I sagen foregår mellem dommeren, fængselsvæsenet og anklagemyndigheden, og hvis konsekvens er en væsentlig hindring af forsvarets mulighed, frygter jeg et justitsmord"

I was a victim of the Danish State; it was the state that took me, hostage, in pre-trial detention for more than 4 years. Kept me for more than 300 days in solitary confinement and traumatised me for life.
Denmark has never recognised that in any shape or form.

Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the main newspaper Politiken, on the day of my arrest for alleged tax evasion. (31st January 1980) –  ALL  LIES

"A major part of the profit from the Danish company, which had a turnover of half a billion Kroner, apparently has been transferred to post-box companies in Switzerland" 

Next day Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the newspaper Politiken:

“That a major part of the profit from the Danish company, which had a turnover of half a billion Kroner (500 million) apparently has been transferred to post-box companies in Switzerland. After the carrying out of the search, we have been able to confirm that large amounts have been sent to companies in Switzerland and there is often only a lawyer’s office there where the money is then hidden from the police”

After the police, tax authorities and the customs and excise office’s investigation, it does look like the company in Denmark have earned large amounts on the Swiss addresses.

                                                       All Lies!!!

 

Special Prosecutor Finn Meilby, the Chief of Bagmandspolitiet (Special Prosecution) told the largest tabloid newspaper BT on the 31st January 1980:

"It is our impression that the money has been taken out of the country"

"That the arrest of Mogens Hauschildt only concerns the alleged tax evasions"

I was never charged with tax evasion since this was a trumped-up charge - there truly was no tax evasion by me or the companies.

“Hauschildt you have been selected – and judged. You were selected because you are a “foreign Dane” with no political affiliation or power, you work in a business which daily deals with Swiss banks, New York and London – movement of money and in a financial market most people in Denmark do not know and can’t participate in, you controlled your business and do not employ many people, not like a factory owner.”-

                                 Advocate Jørgen Jacobsen (1980)

No one has been held accountable for the injustices in my case, my treatment, the solitary confinement, the unjust treatment of my family, the staff and many of Scandinavian Capital Exchange’s clients.

My customers' faith was sealed when at a cabinet meeting in the late autumn of 1979 at Christiansborg; Prime Minister Anker Jørgensen was confronted with a report showing all the failures of the Special Prosecution for Economic Crimes (Bagmandspolitiet), a creation by the Socialist.

The Danish High Court Judge Holger Kallehague said to Politiken newspaper (12th September 1982) that:

Hauschildt was subjected to the same treatment and "justice" as the suspected and alleged witches five hundred years earlier. They would bind the poor woman, put her into a sack and fill the sack with stones after which they throw her into the water.
If she drowned, she could not have been a witch; and was innocent, however, if she got free and came to the surface, she must have been a witch and therefore, was burned alive on the fire.

I told the courts many times that I was both physically and mentally ill and wanted to consult a psychiatrist and get outside medical attention. - I was refused this during the four years of pre-trial detention - therefore I was never treated for all my illnesses caused by the more than four years of pre-trial detention with the long total solitary confinement!

Bagmandspolitiet directly prevented me from having my complaint about my long solitary confinement and atrocious treatment dealt with by the European Commission of Human Rights. Bagmandspolitiet held back all correspondence with the Commission for more than 24 months. A serious breach of the Convention.

In pre-trial solitary confinement, I remained vulnerable against the unjustifiable parasitic strains of the Danish tabloid press.

”I feel that I have been reduced to a defence counsel in a Russian Military Court.” 

Advocate Folmer Reindel told the Copenhagen City Court

Professor of Law, Ole Krarup, said that:

“I played chess blindfolded“

I did indeed - and there was nothing neither I nor my defence lawyers could do about this injustice.

My first defence attorney advocate Jørgen Jacobsen’s statement to the Court:

“The prosecution could as well hold their “court hearings” at their own offices without the judges, the defence and the accused – the result would be the same.”

Advocate Folmer Reindel told the European Court of Human Rights in Strasbourg – 26th September 1988:

“It is clear that the Danish authorities had, for a long time, the objective to close down Hauschildt’s successful and profitable business, irrespective, that the companies acted correctly and within the Danish law.

From the first day of the action against Hauschildt and his companies, it has been the objective of the Danish authorities to justify their illegal acts at any cost, including keeping Hauschildt in solitary confinement and pre-trial detention for more than four years as a hostage to justice. The Danish authorities acted with total contempt for the Danish law, justice and the European Human Rights Convention.

Hauschildt and his companies became a victim of the Danish State”

The European Court of Human Rights held an open court hearing on the 26th September 1988, in front of the full court of 17 judges from all the 17 member countries.

The German, French, Belgian and Dutch television were there, but not the Danish State Television which for years had been used by the Danish authorities to create a trial by the media.

The Danish public and many clients of Scandinavian Capital Exchange was fooled and lied to by Bagmandspolitiet and the Danish media. Fooled by the misinformation, malicious lies and innuendoes put out by the prosecution in the press.

I always considered myself as a "Systemfange", a prisoner of conscience; the case against me and my companies was entirely political.

 
                                                      - Mogens Hauschildt

The famous Danish TV host, author and priest Jørgen Thorgaard wrote in the tabloid BT referring to my case, which was finished at the time:

“It is my impression that the police, the courts and the prosecution in the best scenario have been acting very incompetently and in the worst scenario, created a miscarriage of justice”.

 
                                                      

In an interview with Berlingske Tidende in 1981, Finn Meilby, the chief of Bagmandspolitiet said that some “observations” can go on for years, others go fast.

“In the current case of the gold and silver speculations, Bagmandspolitiet worked hectically for thirty days. The market was so overheated that they got our interest and quickly received information confirming our suspicion of lawbreaking activities. We foresaw that large and small savers were running a risk – and hit”

They raided the companies for “open television” without any complaint – only a trump-up charge of alleged tax evasion.

 
                                                      

The companies had fulfilled all of their obligations until Mogens Hauschildt arrest for allege tax evasion

Advocate John Korsø-Jensen

The allegation for tax evasion, which was “used” to arrest Mogens Hauschildt with, was fabricated by the authorities in order to legitimise their illegal action and abuse of power.

The allegation was fictitious and never resulted in any indictment; there was no tax evasion.

From the first day of this miscarriage of justice, there has been a closed concerted conspiracy between the special prosecution, which they have themselves “fabricated” and thus instigated the case, the fiscal and financial authorities in Denmark, the courts and the Ministry of Justice.

Advocate Folmer Reindel

Most of the Danish media published, uncritically, all of the stories that they received from Bagmandspolitiet.

All giving headlines despite that most was fabricated lies and malicious innuendoes.

It was important to cause maximum losses for the investors and companies, through the use of the media providing false allegations, lies and a general cover-up of the truth.

After all, Mogens Hauschildt was locked-up and incarcerated in total Solitary Confinement.

Advocate Folmer Reindel

The Danish public and many clients of Scandinavian Capital Exchange was fooled and lied to by Bagmandspolitiet and the Danish media. Fooled by the misinformation, malicious lies and innuendoes put out by the prosecution in the press.

Advocat Folmer Reindel

 

The Rigged Danish Justice System

Yes, the Danish justice system was rigged before my win and judgement against Denmark at the European Court of Human Rights in 1989.
Yes, it was rigged by political prosecutions like mine. Yes, it was rigged because the Ministry of Justice was in charge of the police, prosecution, the appointment of the judges, the courts and prisons.

Even the former Minister of Justice for seven years and longest-serving member of the Danish Parliament, Erik Ninn-Hansen confirmed that the judges in Denmark were not independent – but under the dictatorship of the Ministry - he should know!

Rigged definition in most dictionaries: - manipulated or controlled by deceptive or dishonest means
Rigged is defined as something that is fixed in a dishonest way to guarantee the desired outcome.

 

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