1st LD Writethru: Dutch politician Wilders found guilty in hate speech trial

Dutch right wing populist politician Geert Wilders was found guilty for insulting Moroccans as a group and inciting discrimination in a court in the Netherlands on Friday, but was not given a punishment by the judges.

"Freedom of expression is one of the foundations of our society," presiding judge Hendrik Steenhuis said. "However, freedom of expression should be restricted in order to protect other people. That is the issue in this case."

"In this case, the most important question is whether Wilders has crossed a line," the judge added. "This judgment has answered that question. Therewith, the chamber finds that justice has been done. Consequently, no punishment is imposed. He is punished enough by being found guilty."

The judges found insufficient evidence that Wilders also incited hatred and therefore he was acquitted on that count. The lawyer of Wilders already announced to appeal the judgment.

Wilders was convicted for statements made in 2014. In his speech after the municipal elections campaign on March 19 that year, Wilders asked his supporters whether they wanted "more or fewer" Moroccans, with the attendees cheering "fewer, fewer" as their answer. "Good, we're going to arrange that," Wilders concluded.

"By doing so, Wilders singled out an entire group of citizens without making any distinction," the judge stated. "This group has less rights to reside in the Netherlands. Therewith, this statement can be regarded as affecting the dignity of this group as a whole. It is insulting for the entire group."

In addition, the judges said that a statement by Wilders on March 12 was not enough for a conviction. During an interview at a market in The Hague that day, he had told a reporter of national broadcaster NOS that "if possible there should be less Moroccans in The Hague".

"That statement seems to be made spontaneously and less thought through than the statement of March 19, 2014," the judge explained.

The Dutch public prosecutor had demanded a fine of 5,000 euros (5,281.36 U.S. dollars) for Wilders for insulting Moroccans as a group on March 12, 2014 and for insulting Moroccans as a group and inciting hatred of and discrimination against Moroccans on March 19.

The accused Party of Freedom (PVV) leader, who advocates an anti-Islam policy, was absent in court to hear his judgment.

The judges claimed that Wilders' speech was well thought out in advance, carefully built up and had a major impact on Dutch society.

The legal fight between the defense team of Wilders and the prosecution had focused on whether Wilders made his remarks in a particular context. Wilders' lawyer Geert-Jan Knoops had tried to convince the judges that his client only referred to a particular group of Moroccans.

For security reasons the trial before the court in The Hague took place at the Schiphol judicial court in Badhoevedorp. The trial started on October 31 in the absence of the accused, because he considered the trial as a political process.

There was a one-day suspension when Wilders' lawyer Knoops had argued that one of the three judges demonstrated bias while questioning a witness. However, an independent panel rejected the claim and said the judge, Elianne van Rens, could stay on the case.

The trial was also about the question of how far politicians can go with their statements. According to the prosecution, the fact that Wilders is a member of parliament does not affect the criminal liability of his statements. The prosecution stated that members of parliament have great freedom to say what they stand for but this comes with great responsibility, they must also comply with the law. The judges agreed with that.

"As a politician Wilders is not above the law," presiding judge Steenhuis said. "If a politician says something which is not allowed, he should not be protected by the right of freedom of expression."

It is not the first time a Wilders case appeared in court. In June 2011 he was acquitted of inciting hatred and discrimination against Muslims and Moroccans. Enditem