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Fine for illegal helicopter flights upheld by court
Rare hearing in Svalbard finds Russian mining company broke non-commercial agreement

Appellate court members take their seats Nov. 3 in a temporary courtroom – the conference room at the Radisson SAS Polar Hotel – to hear an appeal by the Russian state-owned mining company Trust Arktikugol. The court upheld a 50,000 kroner fine against the company for taking a film crew on helicopter flights in 2007, in violation of an agreement allowing only non-commercial flights.

An appellate court unanimously upheld a 50,000 kroner fine Nov. 5 against a Russian mining company for taking a film crew on an illegal helicopter flight in Svalbard in 2007, in violation of a permit allowing non-commercial activity only.

The verdict, following what may have been the first such hearing in Svalbard, confirmed a district court ruling that the state-owned Trust Arktikugol broke the terms of its agreement even though the company argued it was not paid for the flight.

Norwegian officials also argued the permit only allowed flights between Longyearbyen and Barentsburg, while the flight in dispute traveled to the ice fjords.

Establishing a clear legal definition of allowable flights was the goal of prosecutors, rather than punishment for the one conducted.

"The prosecutor has shown that this is a symbolic amount, as central to the case is highlighting that Norwegian law to be adhered to by all of Svalbard," the decision by the seven-member appellate panel notes. "The High Court has no information about the company's finances. It is not argued that it lacks the financial ability to carry a fine of 50,000 kroner."

Deputy Gov. Lars Fause, the prosecutor for the case, said the ruling achieves its goals.

"I think they will uphold the respect for Norwegian authority," he said.
Trust Arktikugol has two weeks to appeal the ruling. Nadia Thraning, a Tromsø attorney defending the company, said a decision about an appeal is not certain, but her initial impression is the company will accept the judgement.

"If I guess, there will be no appeal," she said. "My impression of what my client means is all of the lawful practices were followed in this manner. The court has interpreted the evidence correctly."

The hearing itself was a rarity for Svalbard, taking place in a conference room at the Radisson SAS Polar Hotel since Longyearbyen doesn't have a courtroom. Fause said civil cases have been heard before in Longyearbyen, but this the first criminal appeal case he knows about.

It isn't unusual, however, for the appellate panel to conduct hearings away from the main courtroom, Fause said.

"I think it's very important for them to travel around," he said. " They often do that on the mainland."

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