The Court of Cassation recently handed down a judgment on a case where a lawyer had appealed to the court because he was only given 10 minutes to plead during a hearing in the Ghent indictment chambers. The lawyer argued that his right to defence had been affected, but the Court of Cassation did not see any issue with the time limit. The court explained that there is no legislation that grants a lawyer the right to plead as long as they wish, and the lawyer did not demonstrate how the limit had affected his defence. A spokesperson for the Flemish Bar emphasized that the right to defence is central in a rule of law, and justice must show a human face, especially when it concerns a person’s freedom. Rushing a case or giving the impression of doing so is not the image that justice wishes to convey.
The judgment dates from March 14 and comes following a lawyer appealed to the Court of Cassation because, during a hearing in the Ghent indictment chambers for the extension of the provisional detention of a suspect, the three judges had given him only 10 minutes to plead.
But the Court of Cassation saw no problem there. According to the institution, the lawyer might not demonstrate that the limit imposed on his pleading had affected his right to defence. Furthermore, the Court clarified that there is no legislation which grants a lawyer the right to plead as long as he wishes.
“In a rule of law, the right to defense is central”, recalls a spokesperson for the Flemish Bar. “Justice must show a human face, and it certainly does when it comes to a person’s freedom. To rush a case in this way, or even to give the impression of it, is not the image that justice wishes to give. »
In conclusion, while the Court of Cassation may believe that the limit on pleading time did not infringe on the defendant’s right to defense, the Flemish Bar disagrees. They argue that justice should always prioritize giving individuals the opportunity to fully defend themselves, especially when it comes to their freedom. Rushing a case, or giving the impression of rushing it, does not align with the image justice wishes to convey. At the end of the day, it’s important to remember that the right to defense should always be at the forefront of any legal proceedings.
