Delphine Boël’s counsel wants Brussels Court of Appeal to compel King Albert II to submit to a DNA test at the earliest, failing which he would be fined 5,000 euros per day of delay, Le Soir said. For the counsel, the 25 October court decision, which imposed this test on the former king within three months, was to be executed despite the cassation appeal lodged by the king and his lawyers.
The judgment pronounced on 25 October was a preliminary decision, and not a final decision on the case’s merits, according to Delphine Boël’s lawyers. A cassation appeal cannot suspend a preliminary decision, they argue.
Which is why on Thursday they requested the Brussels Court of Appeal to compel Albert II to submit to a DNA test as decided last October, and also that he be charged a fine of 5,000 euros per day of delay, according to Le Soir.
“An appeal can be lodged against the decision on the paternity suit, but not, however, with regard to the DNA test,” Delphine Boël’s lawyer Marc Uyttendaele said last November.
King Albert II’s counsel insists that the cassation appeal they brought against the preliminary decision is precedent. The procedure cannot resume until the Court of Cassation has ruled, according to them.
Delphine Boël’s counsel wanted to present this point Thursday, but the king’s legal counsel asked that the hearing be postponed to allow them more time to plead, Le Soir reported.
In its judgement on 25 October, Brussels Court of Appeal declared that Jacques Boel is not Delphine Boël’s legal father and they instructed an expert from Erasme hospital to perform a genetic test within three months to establish filiation or not between Delphine and Albert II.