Two Social Democrat politicians and a Left Party-appointed Expo woman have now acquitted left-wing extremist Andreas Klominek of assault against journalist Nick Alinia in the case that Samnytt previously reported on. At the same time, his son Ossian is found guilty of harassment. The court was not unanimous; the presiding judge, who was overruled, wanted to convict Andreas Klominek as well.
On May 1st this year, journalist Nick Alinia was aggressively confronted by two men — Andreas Klominek, 43, and his son Ossian Klominek, 18.
In a police interview, Alinia stated that Ossian approached him, insulted him, and knocked the mobile phone out of his hand.
Alinia and his cameraman then chased the man who fled the scene and managed to pin him to the ground, where he was held under a citizen’s arrest while waiting for the police.
READ MORE: Citizen journalist Nick Alinia attacked by masked left-wing extremist on May 1st
Ossian Klominek convicted
In the recent verdict, Stockholm District Court writes that the charge on this point is proven as Alinia’s statement is primarily supported by the video evidence submitted to the court.
Therefore, they convict 18-year-old Ossian Klominek of harassment against Nick Alinia. As he was previously sentenced to probation earlier this year, the court considers that the previous sentence shall also apply to this new offense, and he is therefore not given any additional punishment.
However, Alinia’s claim for damages is rejected as he could not prove he had suffered a loss corresponding to 1,400 SEK (damaged phone case and camera cord).
READ MORE: Left-wing extremist who threatened minister prosecuted again – attacked journalist
Andreas Klominek acquitted
Andreas Klominek then attempted to free his son Ossian during Alinia’s citizen’s arrest. During the course of this, he kneed Alinia in the face.
However, in this matter, the district court reaches a completely different conclusion compared to the charge against Ossian. To begin with, it is established that Klominek did in fact knee Alinia in the head.
Among other things, it was pointed out that Alinia’s body camera footage clearly shows the knee striking his head. The court also considers these accounts supported by both Alinia’s own testimony and that of another witness.
Despite establishing that Klominek committed a criminal act—kneeling Alinia in the head—they acquit him of responsibility.
The background is that someone who commits a criminal act can go free from responsibility if the act occurred in self-defense and if the right of self-defense exists to counter an ongoing or imminent criminal attack against a person.
READ MORE: SVT cancels program with Nick Alinia: ‘Racist Ideology’
‘George Floyd hold’
According to Andreas Klominek’s own account, he initially believed his son, Ossian, was being subjected to police intervention. Once he realized that was not the case, he decided to intervene himself against Alinia.
He also said he was worried about what he called the ‘George Floyd hold,’ with the knee on Ossian’s back, which Alinia used during the citizen’s arrest.
In conclusion, it is determined that Klominek perceived the situation as an ongoing criminal assault against his son and that his use of force—kneeling Alinia in the head—was not ‘clearly indefensible.’ Therefore, they found that Klominek should be acquitted based on a ‘putative self-defense situation.’
ALSO READ: SVT bans Nick Alinia – but gives access to gang criminals
The judge wanted to convict
However, the court was not unanimous regarding the verdict against Andreas Klominek. Judge Céline Holmberg wanted to convict him of assault and sentence him to 50 hours of community service.
Unlike the Left and Social Democrat politicians, she argued that the force Alinia used against Ossian cannot be deemed indefensible, and therefore Ossian was not subjected to a criminal assault. Thus, there was no right to self-defense.
Regarding putative self-defense, Holmberg writes that the situation was calm when Andreas arrived and that he did not ask Ossian whether he was okay. Furthermore, she asserts that Andreas lashed out at Alinia as soon as someone shouted they were ‘Nazis.’
Andreas should therefore, even if he did not know it was a citizen’s arrest, have been indifferent to the risk of having misunderstood the circumstances. He should thus be held accountable for assault.
READ MORE: Here is the Moderate who will murder Nick Alinia: ‘Will kill you in front of Sweden’
The Expo Woman
Klominek was thus acquitted through what is known as a lay judge decision, where the three politically-appointed lay judges overruled the legally educated judge and came to a different conclusion.
In this case, Anna-Sofia Quensel (Left Party), Yvonne Bernhardsson (Social Democrats), and Jan-Åke Porseryd (Social Democrats) acquitted Andreas Klominek of the crime.
Anna-Sofia Quensel has a background as a ‘researcher’ at the far-left Expo platform, where she has written articles such as ‘EU finances a Nazi terrorist organization’ and ‘How the far right builds international networks.’
READ MORE: Kristersson’s lay judge acquits 40-year-old beggar who took 14-year-old girl’s virginity in a park
The Social Democrat politicians
Yvonne Bernhardsson is a Social Democrat local politician in the City of Stockholm. She is also the wife of the Social Democrat veteran Bo Bernhardsson who sat in parliament between 1991 and 2014 with a short break between 1995 and 2002.
Jan-Åke Porseryd is also a Social Democrat local politician in Stockholm.
READ MORE: Green Party lay judge wants to let honor abusers stay in Sweden: ‘In the interest of the children’
Recently convicted for action against ministers
Andreas Klominek is not a stranger to the judicial system. Only a few months ago, he was convicted of making threats against two government ministers.
He had placed a basket of apples painted with Adolf Hitler’s face outside Johan Forsell’s (Moderate Party) residence. At Benjamin Dousa’s (Moderate Party) home, he placed a human-like doll with a bloody severed doll head and fake knives.
Klominek was prosecuted for, among other things, unlawful threats; but the district court found him guilty of threats and harassment against both ministers. The sentence was a suspended sentence.