June 10 (UPI) — A Norwegian appeals court has denied a request from Marius Borg Høiby, son of Norwegian Crown Princess Mette-Merit, to leave custody because of his mothers’ illness. Høiby is behind bars while he awaits a verdict in his rape trial.

The court overturned a verdict by a lower court Monday that had ordered Høiby’s release before the verdict, which is expected June 15. Hoiby, 29, is facing 40 criminal charges and has been in custody since February.

Princess Mette-Merit, 52, has pulmonary fibrosis, a chronic lung condition, The BBC reported. Her doctors added her to a lung transplant list last week.

“We are very, very disappointed. I find the decision almost incomprehensible,” defense lawyer Ellen Holager Andenæs said to Norwegian news outlet VG, as cited by Nine.com.au.

Høiby had told the lower court that “sitting inside while I know Mum is so sick is unbearable,” The BBC said.

Høiby was detained before his trial after new allegations of assault and violating a restraining order. The appeals court disagreed with the lower court that had ordered his release, saying his risk of reoffending was “virtually unchanged” since its earlier decision.

“As the Court of Appeals sees it, this is not a question of will, but a question of ability, lifestyle and risk factors,” the ruling said. It noted that Høiby is not the only one in prison with a family member affected by serious illness and will not receive special treatment.

Høiby denies four counts of rape but had admitted to lesser charges such as drug possession and traffic offenses. The judges are also considering charges of violence, threats and abusive behavior within a relationship.

Høiby was born before his mother married Norwegian Crown Prince Haakon and is not a member of the royal family. He was first arrested in August 2024.