Woman from ‘The Black Swan’ helped police. But defense attorneys can’t get all audio files from wiretap.

A legal battle over the police’s secret material in the largest criminal case to date about money laundering and tax fraud has been ongoing for months in the Eastern High Court.

The case was previously called ‘Operation Greed’ by the police, but now the more neutral term ‘invoice case’ is used.

In an office container in Brøndby, around 5,000 fake invoices were produced to cover up undeclared work, and money laundering of around half a billion kroner took place, according to the indictment. 13 men and a company are under indictment.

In the High Court, two of the defendants in particular have fought to gain full access to the police’s material on the investigation. The prosecution has resisted.

It is now clear that the showdown will continue in the Supreme Court. Both the prosecution and two defense attorneys have been granted permission to proceed. The Supreme Court will assess two of the High Court’s rulings, the Danish Trial Authorization Board has stated on its website.

Behind the dispute lies the suspicion raised by two defendants and their defense attorneys. Namely, that the police’s cooperation with a woman was so extensive that it was in violation of the rules.

The woman is a lawyer who became nationally known in TV 2’s documentary ‘The Black Swan’. Here she spoke with Amira Smajic about the big money that can be scored by establishing residences for autistic people.

In the High Court, the fight has revolved around access to audio files from an episode in Rødovre on December 13, 2019.

The police discreetly recorded conversations between the main defendant in the case and the woman. A defense attorney believes she was wearing a hidden microphone on behalf of the police.

The prosecution initially released three audio files. At the same time, it was stated that the defense had received ‘all the material that the defense is entitled to receive.’

Despite the High Court’s request, the prosecution refused to state whether there were more audio files that the defense had not been given.

Then, in a ruling on February 6, the judges raised their voices: They demanded an explanation of the issue.

The request was not fulfilled until April 25. But it was only sent to the judges. And after another legal duel, the prosecution was ordered on May 15 to also give it to the defense.

It has now turned out, as appears from a later court record that the High Court has handed over to Ritzau, that a judge in the Copenhagen City Court has previously ruled that some audio files must be kept secret and exempt from the defense attorney’s general right to access documents.

In addition, the prosecution has assured that the woman was not a so-called civilian agent, which was also illegal at the time the meeting in Rødovre took place. They have even written in large letters that she was ‘NOT’ a civilian agent.

The incident illustrates that the police and prosecutors are doing everything they can to keep their cooperation with whistleblowers under wraps.

This has also been evident in the police’s reaction to the latest editions of ‘The Black Swan’, which is about Amira Smajic’s collaboration with the police:

“The police never comment on issues that concern our specific work in the source area,” said the police director in NSK, Lasse Boje.

It is not known when the Supreme Court will issue a notice on access to documents. In the High Court, the plan is for prosecutors and defense attorneys to make their closing submissions in the autumn, after which the verdict can be handed down.

ritzau