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Invoking the report of the European Commission of Human Rights in the case of Lala v. the Netherlands (4 May 1993, no. 14861/89, Series A no. 297-A), the applicant's counsel asked to be allowed to address the court in the applicant's defence.

Relying on the European Court's Lala v. the Netherlands judgment of 22 September 1994 (Series A no. 297-A) he argued that the first-instance proceedings had not been fair because the defence had not been heard.

The applicant, relying on the Court's Lala v. the Netherlands judgment of 22 September 1994 (Series A no. 297-A), argued that the Court of Appeal ought to have referred the case back to the Regional Court for a rehearing at first instance.

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Relying on, inter alia, the judgment of the European Court of Human Rights in the case of Salabiaku v. France (7 October 1988, Series A no. 141-A), he argued that criminal intent on the part of the applicant could not be proved.

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In its De Cubber v. Belgium judgment of 26 October 1984 (Series A no. 86), the Court held:.

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The Court recalls that it is not its function to deal with errors of fact or of law allegedly committed by a national court unless and in so far as they may have infringed the rights and freedoms protected by the Convention and its Protocols (see the Schenk v. Switzerland judgment of 12 July 1988, Series A no. 140, § 45).

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an opinion that he is guilty (see the Minelli v. Switzerland judgment of 25 March 1983, Series A no. 62, § 37).