Photo: Jimmy Kets
According to Advocate General Bart De Smet, the judgment for doctor Joris Van Hove must be broken. The judgment would be incomplete and insufficiently motivated. De Smet stumbles over the fact that Van Hove was acquitted in the event of reasonable doubt, but that the judgment does not really clarify what exactly is meant by this.
Therefore, there must be a new trial for the doctor who administered the fatal injection, said the advocate general. This could take place before the same assize court or before a criminal court with three professional judges. It is possible that they judge that the doctor did make mistakes and must pay compensation to the family of Tine Nys. This can range from a few thousand to several tens of thousands of euros. Because the public prosecutor’s office itself did not lodge an appeal in cassation, Dr. Van Hove no longer risks a prison sentence.
On Tuesday, September 15, the Court of Cassation will take the plunge. Then doctor Joris Van Hove knows whether he will have to answer for a new trial.