Oslo court grants Marius Borg Høiby temporary release as Crown Princess Mette-Marit's health worsens

On Monday, Oslo District Court granted Høiby's latest request for release, ruling that continued detention would be a disproportionate burden given the serious health of Crown Princess Mette-Marit. The court found that there is a risk of recidivism if Høiby is freed, but concluded that, in light of his mother's condition, holding him in custody until the verdict would be unreasonable. The Norwegian prosecution immediately filed an appeal with suspensive effect, so Høiby must remain in custody until a higher court reviews the case. The Court of Appeal is expected to make a final decision on the release question by Wednesday at the latest.

Høiby's account in court

In a hearing reported by broadcaster NRK, Høiby said: "Eingesperrt zu sein, während meine Mutter so krank ist, ist unerträglich." He also told the court: "Die Situation meiner Familie ist momentan schwierig. Ich möchte sie nicht noch verschlimmern. Ich möchte für meine Mutter da sein, die sehr, sehr krank ist." Earlier, in detention, Høiby said: "Ich sitze in Isolation im Gefängnis und habe extrem wenig menschlichen Kontakt – zwei, drei Besuche pro Woche."

Høiby also addressed the court emotionally about seeing his mother at the family residence. He said: "Mama zu Hause zu sehen war ein ganz anderes Erlebnis, als sie im Gefängnis in Oslo zu sehen. Das war eine ganz andere Mama, das war unglaublich gut zu sehen." He added: "Da drinnen zu sitzen, während Mama so krank ist, ist nicht auszuhalten." And: "Jeder Sonntag, an dem wir uns sehen, kann das letzte Mal sein, dass wir uns sehen." He told the court that he would "niemals etwas tun würde, dass die Situation verschlimmert. Das ist undenkbar für mich."

A court reasoning anchored in family ties

The court justified its decision by stating that "Die Fortsetzung der Inhaftierung wäre nicht nur für Høiby, sondern auch für seine Mutter in der ohnehin schwierigen Lage, in der sie sich befinden, sehr belastend." Under the defense proposal, Høiby would have moved into a vacant house on the Skaugum estate, with a rental agreement making Høiby the tenant and Mette-Marit the landlord. Høiby formally does not belong to the Norwegian royal house; he is the son of Crown Princess Mette-Marit from a relationship before her 2001 marriage to Crown Prince Haakon.

Crown Princess's health crisis

Crown Princess Mette-Marit, who is 52, suffers from pulmonary fibrosis, a rare and incurable lung disease that causes scarring of lung tissue and insufficient oxygen absorption into the bloodstream. A rare form of the condition was diagnosed in 2018. The Norwegian royal court announced on Friday that her health has recently deteriorated significantly and that she has been placed on a waiting list for a lung transplant. She now uses an oxygen device in daily life, and doctors have estimated that, without a donor organ, she has roughly one year to live.

The release request was the latest in a series of attempts by Høiby's defense to free him during the proceedings. In early May, his lawyers asked for release with an electronic ankle bracelet and proposed housing him on the Skaugum estate; the request was denied after ten minutes of deliberation, with the judge citing a high risk of reoffending. An appeal was heard by the Borgarting Court of Appeal, which also rejected the request. Høiby then took his case to Norway's Supreme Court, which likewise refused to overturn the lower courts' decisions. The new request was filed after the Royal Court's announcement that Mette-Marit had been placed on the transplant waiting list and was initially rejected the same morning before being granted later that day.

Earlier release attempts and Supreme Court rejection

On Monday, before the court hearing, Høiby was allowed to leave prison for a few hours to attend an information meeting about his mother's health at the Skaugum estate, the residence of the Crown Prince and Crown Princess. He was accompanied by Mette-Marit and Crown Prince Haakon. On Sunday, the couple had visited Høiby together in detention. Høiby subsequently published a guest column in the newspaper Nettavisen describing the "enormous psychological burden" he had endured.

The police had previously spoken out against Høiby's release, and the prosecution argued in its appeal that the mother's health condition is not sufficient to adequately reduce the risk of repeat offenses. According to the prosecution, Høiby allegedly raped the four women while they were sleeping or unconscious; Høiby denies the most serious allegations and disputes that there is a risk of repeat offenses. He also had repeatedly violated a contact ban against an ex-girlfriend who also testified as an alleged victim in the proceedings.

Allegations and legal proceedings

Mette Yvonne Larsen, the lawyer for the ex-girlfriend, told the newspaper Aftenposten that several people in Høiby's circle had recently tried to persuade her client to lift the contact ban. She said: "Sie hat gesagt, dass sie das Kontaktverbot aufrechterhalten möchte." Høiby is 29 years old and faces a total of 40 criminal charges, with a maximum sentence of 16 years in prison. The trial was held at the Oslo District Court.

The next major date in the case is 15 June, when the verdict in Høiby's trial is scheduled to be delivered. Until then, the question of whether he can be released from pre-trial detention rests with the Court of Appeal, which is expected to rule by Wednesday at the latest. The Norwegian Royal Court has not commented in detail on the court proceedings beyond confirming the latest update on the Crown Princess's health.