Belgium Court of Cassation to rule on judge recusal in Ullens trial

The Belgian Court of Cassation is scheduled to rule on October 21 regarding a motion to recuse the presiding judge and two assessors from the Nicolas Ullens de Schooten trial. The proceedings have been suspended since October 7 following a challenge by the defense.

Defense attorney Jean-Philippe Mayence filed the request, arguing that the Walloon Brabant Assize Court cannot maintain impartiality. The dispute centers on the judicial mechanism used during deliberations regarding premeditation, an aggravating circumstance. The defense contends that while law allows professional magistrates to intervene in a 7-to-5 jury vote on the primary charge of homicide, such intervention is not permitted for accessory questions like premeditation. Additionally, the defense claims that revealing the specific 7-to-5 vote count breached the secrecy of the jury's deliberations.

Prior to the suspension, the presiding judge, Pierre Delcour, and the two assessors had refused to step down, maintaining that their actions were conducted “within a strictly legal framework.”