Crown princess’ son to remain behind bars as court rejects his emotional bid for freedom

The son of Norway’s Crown Princess Mette-Marit will remain behind bars indefinitely after the Court of Appeal rejected his tearful bid for freedom to be with his mother before she undergoes a lung transplant.

Marius Borg Høiby, 29, has been in custody since February where he is awaiting the verdict following a seven-week criminal trial, due next week.

“We are very, very disappointed. I find the decision almost incomprehensible,” defence lawyer Ellen Holager Andenæs told Norwegian news outlet VG following the decision on Wednesday (early Thursday morning AEST).

On Monday, Høiby pleaded with a judge to be released so he could be with his mother, who is now on the waiting list for a lung transplant after a recent deterioration of her health.

Mette-Marit has been fighting pulmonary fibrosis, a chronic lung condition, since 2018. In recent months, the crown princess’ breathing has become even worse, with one doctor likening it to breathing through a straw. She has started wearing a nasal tube connected to an oxygen tank to help her breathe.

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On Friday, the Royal House confirmed she would receive a lung transplant as soon as a suitable donor became available. The operation could happen in days, or months.

Høiby wanted to be released on compassionate grounds to the family’s private estate Skaugum, where his mother and stepfather Crown Prince Haakon live, with an ankle monitor to track his movements.

“Every Sunday when we meet in prison, I know that it could be the last time I see her,” Høiby told the court on Monday.

“You never know when a lung will come and there is a great risk associated with such an operation. I’m having an extremely tough time. Sitting inside while I know my mum is so sick is unbearable.”

His application was granted, but prosecutors immediately appealed the decision. On Wednesday the Court of Appeal rejected his bid for freedom, citing the risk of reoffending.

“As the Court of Appeal sees it, this is not a question of will, but a question of ability, lifestyle and risk factors,” the ruling said.

Høiby has previously admitted to struggling with substance abuse including drugs and alcohol.

The court’s ruling said there was a “strong degree of probability” that Høiby would commit new criminal acts if he was released.

The court said the risk of Høiby violating a restraining order against an ex-girlfriend, known only as ‘the Frogner woman’, was high.

He’s previously admitted to violating the restraining order, including on Valentine’s Day when he sent flowers to her from behind bars.

Høiby will soon be moved to another prison “which is located in reasonable proximity to the family’s residence”.

“The Court of Appeal cannot see that the burdens on Høiby during detention are different from those on other detainees with seriously ill parents or close family members,” the ruling added.

It said Høiby could not receive “special treatment” since he is not the only one in prison who has a family affected by a serious illness.

Høiby’s lawyer Petar Sekulic said: “We are naturally disappointed by the decision and the Court of Appeal’s lack of understanding of the seriousness of the situation.”

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Høiby is Crown Princess Mette-Marit’s son from a previous relationship and he was a toddler when his mother married Norway’s Crown Prince, who will one day be the next king.

The verdict in Høiby’s case will be handed down by an Oslo court on June 15 following a trial which began in February.

He denies the most serious charges, which include four counts of rape and assault. Høiby has pleaded guilty to some of the lesser offences, which include a drugs charge, traffic offences and breaching a restraining order.

Prosecutors have requested a jail term of seven years, but his legal team have called for a lesser sentence, arguing Høiby has lived under extraordinary media pressure due to his royal connections, which they said has shaped public perception of the case.

He was first arrested in August 2024 and became the first member of Norway’s royal family to be charged with a crime.

Though he’s never held a royal title or carried out official duties, Høiby was raised alongside Princess Ingrid Alexandra and the Crown Prince couple’s son Prince Sverre Magnus, 20, at the family’s home, Skaugum. He grew up as part of the royal family, attending events with the King and Queen and the Crown Prince couple over the years.

On Wednesday Høiby’s sister Princess Ingrid Alexandra made her first public appearance since returning to Norway from Australia where she had been a student at Sydney University.

The 22-year-old was joined by her younger brother Prince Sverre Magnus, 20, to cheer on the Norwegian women’s football team in its World Cup qualifying match against Austria in Oslo.

It was the first of many more public engagements expected to be carried out by the young princess and prince as they take on a bigger workload to help the rest of the royal family, who are facing challenges on multiple fronts.