ANPErnest Louwes (R) at the presentation of his book about the Deventer murder case in 2009
NOS Nieuws•vandaag, 13:08
The Deventer murder case, which revolves around the murder of widow Jacqueline Wittenberg (60) in 1999, does not have to be to be reconsidered by a court. The Supreme Court has rejected a request for review.
The council hereby follows the advice of the Advocate General. Last summer he ruled that the case did not have to be over. Wittenberg’s financial advisor, Ernest Louwes, was sentenced to twelve years in prison in the case. By means of the judgment of the Supreme Court the conviction now stands.
His lawyer Geert-Jan Knoops had requested a review from the Supreme Court. Knoops felt that research by the cold case team of the Amsterdam police had led to new facts and insights that could still prove Louwes’ innocence.
What is a review request?
A request for review is a legal remedy with its own procedure before the Supreme Court.
Only if a new fact (a so-called “novum”) becomes known that was not yet known to the judge, such a review can be granted. The condition is that such a new fact suggests that the judge would impose an acquittal or a less severe sentence if he had been aware of it.
A review request can be submitted to the Supreme Court at any time and even several times. There are no limitation periods.
Louwes was initially acquitted and convicted on appeal. The case had to be closed later, when a found knife turned out not to be the weapon that killed Wittenberg.
During the new treatment of the case, DNA material from Louwes that was found on the victim’s blouse was sufficient to sentence him to twelve years in prison. He has served the sentence, Louwes has always denied that he is the perpetrator.
Film on podcast
At the request of the Supreme Court, Advocate General Diederik Aben investigated a number of aspects of the case. He started this in 2014 and concluded the investigation in the summer of 2022. The Advocate General came to the conclusion that there are no reasons to submit a review application himself. However, lawyers can also make such a request, and Knoops had done so.
The Deventer murder case is one of the most controversial cases in the history of Dutch criminal law. A heated public debate surrounding the case arose as to whether there had been a miscarriage of justice.
Pollster Maurice de Hond was convinced of Louwes’ innocence. He claimed several times that the widow’s handyman had committed the murder. The accusation led to a conviction for defamation. Crime journalist Peter R. de Vries argued that Louwes was the perpetrator. Last year a film was released about the case: The Conviction. A podcast was also made about it: The Deventer Media Case.
2023-12-19 12:08:59
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