“Lying judge” has to pay lawyer 1.4 million for defamation Interior

The case revolves around a telephone conversation between the now retired judge and the lawyer. They spoke to each other about a complex lawsuit concerning Schiphol. When the lawyer cited that conversation in a book in 2004, Westenberg denied contact.

The Council for the Judiciary then stated that “Mr Smit’s actions cannot stand up to him and are harmful to the functioning of the judiciary.”

Later it was established that there had indeed been telephone contact. The case was fought up to the Supreme Court; Smit also agreed with him.

The damage amount is partly a compensation for the litigation costs incurred and partly a compensation for reputation damage. “By putting Smit on balance as a liar (…), the credibility and reliability of Smit was seriously compromised. The largest part of the compensation concerns compensation for the loss of income that Smit experienced due to his damaged reputation.