Dutch trial of Islam critic off to shaky start

Guardian:

Geert Wilders, leader of the Dutch Freedom party and one of Europe's leading Islam-baiters, went on trial today charged with hate speech and inciting racism, but the case was swiftly engulfed by uncertainty after a challenge over alleged judges' bias.

The opening of the trial, expected to last a month in Amsterdam, followed a successful weekend for the maverick Dutch politician, with his influence over a new rightwing government confirmed and a campaign speech in Germany aimed at establishing a trans-national European movement against Muslim immigration.

Wilders entered the dock amid heavy security and promptly affirmed his commitment to free speech, dismissing the charges against him while not entering a plea.

He faces a hefty fine or a year in jail if found guilty on five charges of inciting hatred and discrimination against Muslims and insulting their religion for likening, as he routinely does, the Qur'an to Adolf Hitler's Mein Kampf and describing Islam as fascist.

"I am on trial, but on trial with me is the freedom of expression of many Dutch citizens," he told the Amsterdam district court. "I can assure you, I will continue proclaiming it."

Wilders then asserted his right to remain silent for the rest of the trial, prompting a comment from the presiding judge, Jan Moors, which was challenged by Wilders's lawyer.

Moors said Wilders was known for making bold statements but avoiding discussions, adding: "It appears you're doing so again."

Bram Moszkowicz, representing Wilders, said the comment gave the appearance that Moors was biased and moved to have him substituted.

The hearing was suspended while other judges consider the complaint. They are to rule tomorrow on Wilders's challenge, meaning that a new panel of three judges could be appointed, delaying the trial by several months.

"I thought I had a right to a fair trial, including the right to remain silent," said Wilders. "It is scandalous that the judge passes comment on that. A fair trial is not possible with judges like that."

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I am not familiar with Dutch law, but I think the judges remarks could be the basis for a mistrial in the US were judges routinely tell the jury that they may not imply anything from a defendant's assertion of his right to remain silent.

Of course, in the US Wilders would never be brought to trial because the state cannot punish someone for being critical of another religion. I think this court should dismiss the charges too.
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