The court in Leeuwarden accidentally published one of the four verdicts in the ‘swimming pool murder’ case. The lawyers of all suspects have challenged the court.
“By publishing the verdict prior to the oral verdict, you can speak of bias,” says lawyer Wilko ten Have. He assists Monique H. (44) from Hollandscheveld.
The judgment (verdict) of Johan L. (59) from Kampen appeared online. Dagblad van het Noorden reported on this. According to Ten Have, this shows what the court thinks about the case. The four are in custody for the murder of Jan Elzinga (40) in 2012. The man was shot dead in front of the gate of the swimming pool in Marum. Since then the case has been called the ‘swimming pool murder’.
“My jaw dropped,” said the presiding judge. He has been a justice (appeal judge) for many years. “Perhaps the oldest. I can tell you: I have never experienced this before,” he says about the premature publication of one of the verdicts. He did not want to bore those present with internal affairs: “But there was someone who pressed the button. Not once, but several times.” And that, according to him, is ‘horrible, apologies’.
The court does not accept the request for disqualification. But the law simply says that the chairman must immediately throw down the hammer in the event of such a request. “We can’t do anything now.” The recusal chamber will meet this afternoon. The decision will probably be announced the same afternoon.
“This is bizarre,” says Bart Nooitgedagt, lawyer for L. “The fact that this was published prematurely should never have happened.” He calls it an extremely special situation.
“This gives the appearance of bias. I absolutely assume that the whole thing will have to be done again. I have no doubt about that.” According to the lawyer, it has happened before that a ruling was leaked prematurely. “Then the judges themselves resigned. The judges will meet shortly. I hope they resign themselves.”
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Tags: Court ruled swimming pool murder case accidentally publishing verdict
