The court will announce Friday afternoon whether Jos B. is found guilty of the abuse and killing of eleven-year-old Nicky Verstappen in 1998. “Is the chance of a conviction high?” and more answers from court reporter Lisa van der Wal to frequently asked questions that have arrived via NUjij and the mailbox.
What evidence does the Public Prosecution Service (OM) have against Jos B.?
“The only forensic evidence that exists against B. is the DNA trace that has been found. Dander and probably traces of saliva have been found on Nicky’s pajama pants and underpants.”
“B.’s DNA was more often found on the clothing than any other DNA trace. In this case, the question is whether the court will refer to this as evidence of perpetrator.”
Is it clear that Nicky has been abused?
“The experts disagree on whether the injury found in the child indicates abuse. For example, some leave open the option that it could have a harmless cause.”
“It must be said, however, that not all forms of abuse actually leave behind injury. Think, for example, of tucking one hand in your pants.”
To my knowledge, a DNA match is not sufficient for a conviction in the Netherlands. Could a conviction come anyway?
“A DNA trace can be enough to convict someone if it is concluded that it is a perpetrator trail. For example, in the case of rapes, think of sperm that is found.”
“The question in this trial, however, is whether the DNA found is sufficient to see Jos B. as the perpetrator, or whether there is a chance that his DNA has ended up on the child in an innocent way. Only the court can answer this question. . “
The Public Prosecution Service demands fifteen years in prison plus TBS against B. Why is a higher sentence not required?
“In 1998 the maximum temporary prison sentence was twenty years and the maximum sentence life. Since 2006 it is life or a maximum temporary prison sentence of thirty years.”
Because the offense was committed before 2006, the Public Prosecution Service must adhere to the sentences that could be demanded at the time. imprisonment of twenty years. “
“Some deductions have been made here, partly because of Jos B.’s pedophilic disorder, who, according to the Public Prosecution Service, may have worked through in the offense.”
What happens in case of acquittal?
“In case of acquittal, or only a conviction for the possession of child pornography, Jos B. will be released.”
“Possession of child pornography carries a maximum sentence of four years, but since the man has not been convicted before, I would not take that into account. The prison sentence is always canceled out against the duration of the pre-trial detention, which in the case of B. has been going on for two years. “
“The Public Prosecution will more than likely appeal at that time and may request that he be put in pre-trial detention.”
The verdict in the Nicky Verstappen case starts on Friday at 1.30 pm and can be followed via a live blog and a livestream at NU.nl.
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