Bengt Ivarsson believed that his client, a manager at Northvolt, should be acquitted of all charges of violating the Alien Act since the men were not employed by Northvolt.
On November 25, 2021, the police and several other authorities conducted a major raid at Northvolt's industrial site in Skellefteå and discovered twelve workers from India and Serbia who did not have work and/or residence permits in Sweden. This led to charges against a manager suspected of violating the Aliens Act.
The trial of the manager and the company Northvolt Ett AB took place at the end of August at the Skellefteå District Court.
During the trial, the manager's lawyer, Bengt Ivarsson, emphasized that the twelve men were not employed by Northvolt, but by subcontractors. He argued that the manager had no responsibility for the men.
The legal representative of Northvolt Ett, Tomas Nilsson, disputed the prosecutor's claim that the company should pay a special fee of more than SEK 618,000. His argument was the same as that of the manager's lawyer: the workers were not employed by Northvolt. In the agreements with the subcontractors, Northvolt had made it clear that Swedish laws and regulations were to be followed at all levels, he argued.
Northvolt Ett's legal representative, Tomas Nilsson, disputed the prosecutor's claim that the company should pay a fine of over 618,000 kronor. His argument was the same as the manager's lawyer's; the workers were not employed by Northvolt. In the agreements with the subcontractors, Northvolt had made it clear that Swedish laws and regulations must be followed at all levels, he argued.
However, prosecutor Jennifer Piironen argued that the workers were employed by Northvolt because they performed work on behalf of the battery giant. Therefore, the manager could be considered guilty of violating the Alien Act, and the company could be obligated to pay the penalty fee.
On Friday, the District Court announced its decision; the manager is acquitted.
The court sided with the defense, stating that the prosecutor had not proven that the manager had personnel and employment responsibility for the twelve men as intended by the Alien Act.
"In a comprehensive assessment, the District Court considers that the prosecutor has not demonstrated that Northvolt had employed the 12 foreigners referred to in the indictment," the ruling stated.
Since the District Court did not find that the twelve men were employed by Northvolt, the company is exempt from paying the special fee of 618,700 kronor.
Anders Thor, head of communications at Northvolt.
Anders Thor, head of communications at Northvolt, welcomes the decision from the District Court.
"It is positive that the court shared our view that the individuals were not employed by Northvolt, and that Northvolt and our employee have been completely acquitted of criminal suspicions. Northvolt will continue its collaboration with expert authorities and trade unions to strengthen our controls and continuously develop and implement appropriate measures to keep unscrupulous companies away from our construction sites," Anders Thor wrote in a press release.
Bengt Ivarsson, the manager's lawyer, told Norran that the verdict was expected.
– I am not surprised; I had expected an acquittal. But it obviously feels good.
Have you had a chance to speak with the manager?
– Yes, I have, and my client is relieved that it's over.
Ivarsson said that the prosecutor should never have brought any charges.
– It is entirely clear that the men were not employed by Northvolt, and with that, everything falls apart. As a result, the company and my client have no criminal responsibility. However, they do have a responsibility to work to prevent such situations; it is important that it does not happen again.