The Dutch attorney general says there will be no special High Court appeals procedure in the discrimination case against Dutch Freedom Party leader Geert Wilders.
Earlier this year, Wilders was cleared of discrimination and hate speech. Gerald Sprong, a lawyer representing several parties and organisations that disagree with the lower court’s decision to dismiss the case against the Freedom party politician, appealed to the High Court to allow the case to go to a cassation, a special appeals procedure. Mr Sprong says it is in the interests of Dutch jurisprudence for the High Court to pronounce its findings on the case. The High Court’s findings will not affect the original ruling by the lower court.
The attorney general said the special circumstances make it almost impossible to lay a clear cut and finite question before the court. The AG also said it was important to use the Court of Cassation carefully, especially when it could affect laws governing the dismissal of charges against a person or persons.
The special appeals process can be used when a court case has been definitively closed. The special appeals procedure asks the High Court to examine the findings and explanations of a lower court judge and is not meant as a retrial.