Dutch Supreme Court Re-Opens Alleged False Confession Case…

Here is an update written by Evelyn Bell of the Knoops Innocence Project in the Netherlands (earlier report on case here):

On 18 December 2012 the Dutch Supreme Court re-opened the case of six wrongfully convicted individuals. This re-opening was based on a request of the prosecution after a new investigation into the case. The defense also submitted a request to re-open the case, in support of the prosecution request. The Supreme Court referred the case to the Court of Appeals for a retrial.

On 4 July 1993 the mother of the owner of the Chinese restaurant Peacock was found dead, and she had been violently stabbed to death. In 1995 six individuals were convicted, based on the false confessions of three of the six accused. The three convicted women had falsely confessed during police interrogations. One of the women already withdrew her confession at trial, but this retraction was ignored by the judges. The three convicted men claimed their innocence at all stages of the proceedings. Nevertheless, they were convicted for second degree murder on the basis of the confessions of the women during the police interrogations and sentenced to ten years imprisonment. Two of the women were convicted as assessors to the murder and sentenced to two years imprisonment and the third was sentenced to fifteen months imprisonment. All of the accused have fully served their sentences.

One of the accused requested, eight years ago, the assistance of the Project “Gerede Twijfel” at the Vrije Universityin Amsterdam. This person sought legal representation of Mr Knoops in 2009 who represented him and two other defendants in this case during the review proceedings.

It was established that the confessions were very likely to be false, while the convictions were almost solely based on these confessions. The confessions were in contradiction of the statements two witnesses who were sitting in a bus shelter across the restaurant on the night of the murder. However, these two exculpatory statements were not disclosed in 1995 to the judges. Two lawyers of the Knoops’ Innocence Project (Mr. G.G.J. Knoops and Mrs. R. Dijkstra) provide legal representation as Counsel during the re-trial proceedings in 2013 for three of the six defendants among which the accused who initiated the review.

 

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