Anti-Islam campaigner Geert Wilders should never have been taken to court on inciting hatred charges because he has already been found guilty, the MP's lawyer Bram
Moszkowicz was outlining the defence's case at the MP's trial in Amsterdam.
The lawyer said Amsterdam appeal court had already found the MP guilty in January 2009, when it ruled in favour of a group of individuals and organisations who wanted to see Wilders prosecuted.
Not guilty
The public prosecution department, which last week said the MP should be found not-guilty on all counts, had decided not to take him to court, saying there was no case against him.
Moszkowicz said that appeal court ruling meant Wilders could not have a fair trial. It is a 'scandal' that the court has already ruled Wilders to be an Islamaphobe, the lawyer said.
'Judges, a previous court has already decided that Wilders' statements are insulting to Muslims,' Moszkowicz, who estimates his full testimony will take 14 hours, said.
Galileo
In addition, Moszkowicz said it is important to note that at least some of the statements made by Wilders are true. He likened the MP to Galileo, who went against established church teachings in the 17th century when he argued the sun did not revolve around the earth.
'Do not shoot the messenger,' Nos tv quoted the lawyer as saying.
Moszkowicz spoke for six hours on Tuesday and is expected to speak for eight on Thursday when the trial resumes, Nos said.
Dutch News
