The acquittal for manslaughter does not mean that Jos B. cannot be blamed for Nicky’s death. “Without you, Nicky would still have been alive,” said the judge.
Jos B. would not only have touched his victim before his death, but there was also an intrusion, the court concludes. According to the court, the fact that no sperm traces were found says nothing. “That doesn’t rule out sexual abuse.”
11-year-old Nicky from Heibloem disappeared in 1998 during a summer camp on the Brunssummerheide. His body was found nearby a day later. The victim has taken his breath away and therefore died, the court now says. The experts could not determine how long Nicky’s breathing has been obstructed, nor could they say anything about an interaction between Jos B.’s behavior and his victim.
Our reporter Saskia Belleman will be at the case on Friday from 1.30 pm. You can find her tweets at the bottom of this message.
The chairman first addressed the Verstappen family for the verdict. The family was always right behind Jos B. The chairman notes that Nicky’s parents and sister have always listened attentively. “That must have been an ordeal. And it must have been hard to keep going to court. ” The answer that the family has always been waiting for has not come, the chairman said. He also indicated that the court cannot clarify what happened to Nicky from hour to hour. “The prosecutors cannot do that either.”
Forty-five minute sentence
Reading the verdict took 45 minutes. The three judges each read a part. To reach a verdict, the judiciary answered several questions. The first question was: can the presence of child pornography be involved in the trial? “It is not stated in the extradition order, because the possession of child pornography only came to light later. Spain must give permission for this, ”said the chairman. “Spain can give permission later and Jos B. can be tried for that.”
After this, the judges turned to the Nicky case. “Was the boy sexually abused by Jos B.?”, It sounded. The female judge sketched a timeline. Nicky was in the morning at 6.30 am before the last one was seen by a tent mate. Half an hour later he was gone. A day later he was found dead in the evening in a plot with pine trees on the heath.
The pathologists were unable to pinpoint a cause of death at the time. They did see two indications of sexual abuse: damage to the mucous membrane near the anus that must have been caused by penetration. The judges’ first interim conclusion was therefore: “The injuries occurred before Nicky died.”
The court did not doubt the sighting of the two NFI pathologists. They considered that there could have been sexual abuse. The court also came to the conclusion, like the officers, that Nicky’s clothes had been removed and then put back on. Inside out and back to front. “But there is more,” the judge continued the verdict. Twenty biological contact marks were found on the underpants and some hairs of the same person were found on the victim’s clothing. “The fact that DNA from the same person was found in several places indicates long-term and intensive contact with the donor,” said the judge.
Only two years ago, suspect Jos B. was arrested after a DNA match. The Public Prosecution Service suspects him of killing, abusing and kidnapping the Limburg boy. A prison sentence of 15 years and tbs with forced nursing has been demanded.
58-year-old B. has always denied that he had anything to do with Nicky’s death. Furthermore, he remained silent, until recently during the substantive hearing of the case in court. Then he came up with an explanation. He admitted to having found the body of the 11-year-old boy, but Nicky was dead by then. According to B. never dared to report this to the police because he has a moral history. B.’s lawyer thinks he should be acquitted, because there is no evidence.
B.’s DNA has been found on Nicky’s underpants and pajama pants, among others. B. had not cooperated in the large-scale DNA relationship study. But because his family had reported him missing and sent items containing his DNA to the police, a 100 percent DNA match emerged. Jos B. was arrested in Spain after a manhunt.