‘Vesuvius case not based on gossip on the Internet’

October 26, 2012 5:18 PM

BELAIR-- In answer to Monday’s and Tuesday’s lawyers’ pleas in the Vesuvius case, the Prosecutor’s Office on Thursday refuted statements made by several lawyers that the police and prosecutors had based their investigations on “gossip and backbiting.”

 
In a relatively terse response to the lawyers’ arguments, Prosecutor Bart den Hartigh said at Belair Community Centre that the investigations into this case involving murder, (attempted) manslaughter, firearm possession and membership of a criminal organisation had been elaborate and meticulous.
 
“We refute claims that police work in this case has been careless or deficient. It may be logic from the defence’s point of view to state this, but this does not do justice to the good work done by investigators,” Den Hartigh said.
 
The Prosecutor’s Office demanded life sentences for main suspects A.O.W.J. (35) and C.A.R. (30) in this case on Friday, October 19. The other five suspects are facing prison sentences of between eight and 11 years.
 
In connection with the formal elements in the lawyers’ pleas, Den Hartigh said that the defendants’ rights had not been violated, nor had impermissible investigative methods been used.
 
The Prosecutor admitted that several suspects had been put under surveillance, and that certain private conversations had been wiretapped, but only for a limited time. “Surveillance did not yield any incriminating evidence against suspects,” Den Hartigh assured.
 
He also stated that the anonymous threatened witnesses had been heard according to the rules. These were questioned by a Judge of Instruction at a secret location. Their identity was withheld from the attorneys, but they had been able to ask questions by telephone.
 
Den Hartigh also responded to statements that there were many discrepancies in the various witnesses’ statements. “That’s only logical, especially in a big case like this. Statements may differ in detail, but that does not make them unreliable.”
 
Answering to the allegation that no alternative scenarios had been investigated, Prosecutor Gonda van der Wulp said several scenarios had been researched in the cases of the two main suspects and suspect D.D.T. (26), but these had not yielded any results.
 
Van der Wulp mentioned that the possible involvement of other suspects in the murder of Miguel Arrindell, who was shot and killed on May 25, 2011, had been investigated, but no evidence for the involvement of others had been found.
 
“The general remark made that it may not be excluded that Colombians were involved in the murder of the brothers Arrindell [Miguel’s brother Rodolfo was shot and killed on July 7, 2011, Ed.] has not become plausible either. No indications pointing in that direction were found,” Van der Wulp said.
 
She stated that the technical evidence in this case, consisting of the use of the same type of firearm and ammunition, as well as DNA samples were indicative of one group of perpetrators.
 
In his final statement on behalf of his client C.E.F. (26), who is facing eight years, attorney-at-law Geert Hatzmann said he disagreed with the Prosecutors’ position to consider his client a member of a criminal organisation.
 
This allegation was based on his involvement in the so-called Tan Tan case, concerning the attempted murder/manslaughter of Kennedy Fergus and Omax B. in Dutch Quarter on April 20, 2011.
 
Hatzmann said C.E.F. had not been involved in this crime because he was a member of any criminal organisation, but because it was a private matter.
 
According to his lawyer, C.E.F. had been very close to A.O.W.J.’s brother Amador, who was shot and killed on April 16, 2011. According to the Prosecutor’s Office, Amador’s death led to a spiral of violence, including the alleged crimes.
 
Judge Rick Smid will give his decision in C.E.F.’s case on November 15. It is expected that the decisions in the cases of the six other suspects will also be given that day, but first their lawyers will be presenting their closing remarks, today, Friday.
 
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