In a screen capture published on the website of Norwegian newspaper Verdens Gang, Ernst Henning Eielsen, one of the three lay judges hearing the case, can clearly be seen playing a card game solitaire on his computer as a Swedish professor testifies to the court.
According to The Independent, the game was running on the browser window of the judge’s laptop for up to 16 minutes before the court was adjourned for lunch.
A spokesman for the Oslo court insisted Eielsen was concentrating.
“The judges are attentively following what is being said and what is being presented to the court,” an Oslo court spokesman, Irene Ramm, said.
“There are different ways of staying focused,” Ramm said, noting that Eielsen did not deny having played a game of cards.
Anders Behring Breivik is facing trial for two attacks, carried out in Oslo and on the nearby island of Utoya, where the ruling Labour Party’s youth wing was hosting a summer camp, on July 22, 2011, which left a total of 77 people dead.
Most of Breivik’s victims were teens, with the youngest having just celebrated her 14th birthday.
Fox News says that while admitting to the killings, but pleading not guilty, Breivik has cited his personal “crusade” against Islam and Western-style democracy as the explanation for his brutal actions.
He said that it spawned the multicultural society he loathes.
Meanwhile, Daily Mail reports, this is not the first scandal to hit the high profile trial.
Another lay judge, Thomas Indebro, was dismissed in April after it was discovered that he had commented on the case on Facebook.
“The death penalty is the only just sentence in this case!!!!!!!!!!” the judge wrote in the aftermath of the killings last year.
The trial designed to determine if Anders Breivik is sane, entered its eighth week on Monday and is expected to last 10 weeks.
If Breivik proves to be sane, he will be sent to prison, if he’s ruled insane, he will be held in a psychiatric institution.