For the first time ever, an anonymous witness is allowed in a Swedish trial. The case involves a former member of the Hells Angels, referred to as “Åke”, who is set to testify in a high-profile murder trial linked to the biker gang scene. At the same time, questions are being raised about how the witness’s anonymity can be safeguarded.
A man with the alias “Åke” will be Sweden’s first anonymous witness in a trial since the law on anonymous witnesses was introduced at the beginning of the year. He will testify in an ongoing murder trial in Lidköping, where a suspected HA member is accused of instigating the murder of an expelled member in 2022. The testimony will be given by telephone using voice distortion.
The law allows for anonymous testimony when there is a “substantial risk” that the witness or their relatives could be exposed to serious crime. According to the government, the reform aims to break the culture of silence in criminal circles and strengthen criminal investigations. However, the system has been criticized for potentially undermining legal certainty, as the defense will have limited possibilities to examine the credibility and motives of the witness.
The preliminary investigation report shows that “Åke” was a member of Hells Angels and stated that the suspected instigator confessed to the murder during a conversation they had last year.
Prosecutor Jenny Karlsson, who requested that the witness be heard, emphasizes the importance of protecting his identity:
– It is of course very important to maintain anonymity throughout. We have assessed that the person can be kept anonymous.
Risk of being revealed
However, the presiding judge, Peter Stafverfeldt, will consider whether it is still appropriate to allow the witness to remain anonymous during the proceedings:
– Things can happen along the way. For example, if the prosecutor finds out that the witness has not told the truth or that the witness has been identified.
The law allows the judge to reject questions that risk revealing the identity of the witness, and the witness has the right to refuse to answer such questions. However, a person with good insight into the criminal biker scene expresses doubts:
– Based on the questioning, very many people within the Hells Angels may know who this is, and NN (the suspected instigator) probably knows that too.
When anonymous testimony is allowed:
Since January 1, 2025, witnesses in Sweden may testify anonymously, provided there is a “clear risk” that they or their close relatives could be subjected to serious criminal acts.
Anonymity may only be granted in cases where the crime in question carries a minimum sentence of two years in prison. The court must also weigh the protection of the witness against the defendant’s right to a fair defense – the anonymity must not disproportionately hinder the defense.
The stated purpose of the legal reform is to increase the safety of witnesses, counter the culture of silence within criminal environments, and ultimately strengthen the justice system’s ability to investigate and prosecute crimes.