PJ Media » Round Three in the Trial of Lars Hedegaard
…..”In a defamation case in the United States, the truth of the statement at issue is a defense to the cause of action. Not so for prosecutions under Article 266(b); truth is not an available defense. In his first two trials, Hedegaard was not allowed to offer any evidence that what he said was actually true (though he was permitted to reference it in his closing remarks), nor will he be allowed to offer such evidence at the Supreme Court. According to Hedegaard:
I should have the right to prove my case. I could have called witnesses. I could have quoted holy books and statements, and I could have referred to facts. But you cannot do that in a court of law in Denmark if you are accused under this infamous Article 266(b). Whether or not what you are saying is true is immaterial. If somebody feels offended or if the prosecutor thinks that somebody has a reason to feel offended, whether or not you speak the truth has no bearing on the case. That is what is surprising about Danish jurisprudence.
Though evidence of the truth of the statements is no defense, that did not stop the prosecutor in the Superior Court trial from raising the issue himself. According to Hedegaard, “Of course I wasn’t asked about evidence in favor of my contention that sexual assaults are prevalent or a big problem in Muslim culture.” He went on to say, “But the prosecutor took the liberty of referring to the content of what I had said and said you can’t even prove that. Which of course was quite true — I couldn’t prove it because I wasn’t allowed to prove any of it.” But beyond Hedegaard, who is being prosecuted for daring to raise the issues, who are the real victims of our not being able to have an open and honest discussion about sexual violence in any community ?”….