Ullens trial suspended in Walloon Brabant, adjourned to 4 November following procedural defect
The trial of Nicolas Ullens de Schooten was suspended on Wednesday before the Walloon Brabant court of assizes following a recusal request from the defence.
Suspension of Ullens trial: defence claims violation of secrecy of deliberation
The trial of Nicolas Ullens de Schooten was suspended on Wednesday morning before the Walloon Brabant court of assizes, according to rtl.be. The hearing is scheduled to resume on 4 November, according to the court president, Pierre Delcour.
The suspension followed a recusal request filed by Me Jean-Philippe Mayence, the accused's lawyer. The criminal law specialist believes that the court violated the secrecy of deliberation the previous day when the judgment was read out. He also argues that the judges were not competent to rule on an aggravating circumstance, namely premeditation.
"It is not my habit to resort to procedural objections for the sake of it. But I think everyone must agree that all of this stems from a manifest error on the court's part," Me Mayence declared after the suspension.
The revelation of a tie at the heart of the dispute
On Tuesday evening, Nicolas Ullens de Schooten had been found guilty of the murder of Myriam Lechien. The jury had voted 7 to 5 in favour of premeditation. When the judgment was read out, the court president specified that the court had had to join in the deliberations in order to secure a larger majority.
This clarification is what prompted Me Mayence to intervene. "Because now we know that there was a tie, whereas we should not know this element," he explained. He further contends that the judges "could not" give their opinion on an aggravating circumstance: "Obviously, this is a serious problem."
Errors were made on Tuesday, "and we must draw the consequences," according to the lawyer. Me Mayence states he has "no other choice" but to file the request, considering that the court is no longer in a position to continue with the trial of the case.
Forty-eight hours to decide
The court now has 48 hours to indicate whether it will accept stepping down. If not, the Court of Cassation will be automatically seized within eight days.
"I am sorry that we have reached such a situation. It is clear that this was not my wish, but the error is such that it would have been impossible for me, as a lawyer, to let such things pass," Me Mayence declared.
The facts at the heart of the case
Nicolas Ullens de Schooten acknowledged firing six times at his mother-in-law on 29 March 2023 in Ohain. The question of premeditation was the central issue in the trial: the defence argued for murder, whilst the public prosecutor and the civil parties maintained that it was murder with premeditation.
Source: Google News BE FR