GUILTY Netherlands - Jos Brech, 55, wanted for murder, Vosges (Fr) winter 2018

[dutchhelp]

Jos B. has been sentenced to 12.5 years in prison.

The court deems it proven that Jos B. sexually abused and held Nicky Verstappen and that this caused his death.
The court can not say without doubt whether Jos B. had the intention to kill Nicky, or whether this might have happened accidentally by restraining. He is also convicted for possession of child *advertiser censored*.

Jos B. krijgt ruim 12 jaar cel voor misbruiken Nicky Verstappen met fatale afloop | NU - Het laatste nieuws het eerst op NU.nl

 

[ZaZara]

The court in Maatricht has sentenced Jos B. to 12 years for the sexual abuse of #Nicky resulting in death, deprivation of liberty and possession of child *advertiser censored*. No reduction for exceeding a reasonable period of trial.

He has been acquitted for manslaughter. This acquittal was expected by many experts. The sentence of the court now mentions 'sexual abuse resulting in death'.

Defense counsel Gerald Roethof has already filed an appeal.

The Prosecution is considering an appeal, but will wait with this decision until next week.

 

[PhoebeTries]

I know the appeals were to be expected but I feel so sad for the family. They should be able to finally put this behind them. I'm sure it consumes their every day

 

[ZaZara]

More info on the decision of the Court today. This clarifies why both parties may want to appeal, the defense having decided to do so already.

According to the Maastricht Court, the following offences have been proven:
- Committing acts with a person under the age of 12 that involve sexual intrusion into the body. (not proven according to many experts, there are possibilities other than penetration)
- Deliberately depriving a person of their liberty, resulting in death. (cause of death has never been clarified, Prosecutor says suffocation and demanded a penalty for 'qualified manslaughter')
- Habitually possessing child *advertiser censored*. (resulting in an extra 6 months of prison) (wasn't part of the extradition request to Spain and IMO it remains unclear if permission from Spain has been received in time for this judgement)

Jos B. is fully imputable, according to the judge. He is fully responsible for the proven facts. Now that the Judge finds B. fully imputable, no TBS measure is imposed. (Prosecutor wanted a higher penalty if no TBS was imposed)

The Verstappen family is entitled to compensation of EUR 6,000 with statutory interest, the court says, for, among other things, the costs of Nicky's funeral.

 

[ZaZara]

The Public Prosecutor will also file an appeal.

Prosecution believes that the deliberate killing of the 11-year-old boy can be legally and convincingly proven. That would be manslaughter or even qualified manslaughter, committed to cover up another crime, in this case that of sexual abuse.

The Public Prosecution Service is also of the opinion that the TBS measure (coercive treatment) should be imposed.

It is a strange world we live in. Jos Brech got a lot of blame from the Prosecutors for not telling the family what had really happened, all with the assumption that he would be able to do so. Next the Prosecution also files an appeal, obliging the family to go through the entire ordeal again, after yet more months of agonized waiting. But this does not stop the Prosecutor at all and Jos Brech will no doubt get the same blame all over.
(I know the Defense filed an appeal almost immediately, but at least they did not blame Jos B. for the agony of the family.)

 

[ZaZara]

As expected...

Jos Brech is aiming to stop the broadcasting on national televison of a documentary made by a company named - you can't make this up - No Pictures Please. Co-owner and presenter Ewoud Genemans was a member of the investigation team for three years.

On behalf of her client, lawyer Adi van Koningsveld has started preliminary relief proceedings against the documentary maker.
Van Koningsveld says that a final verdict has not yet been reached in the case against Brech. She speaks of "an unlawful act". The lawyer indicates that Brech is presented as the perpetrator, while an appeal is still pending. In her view, this is an infringement of the presumption of innocence, the principle that everyone is innocent until proven guilty. Equally, the documentary would be an invasion of Brech's privacy.

The preliminary relief proceedings are to be heard by the court in Amsterdam on Sunday afternoon at 2 p.m.

 

[ZaZara]

The judge in the preliminary relief proceedings has ruled that the documentary about Jos Brech can be shown on TV.

The 'presumption of innocence' must be maintained in the documentary. This means that a suspect remains a suspect as long as he has not been convicted. Because B. has appealed, he is still a suspect. "Tonight is part 1 of the documentary," according to reporter Jeroen de Jager. "It will then become clear if RTL has indeed met those conditions, otherwise there could be new summary proceedings."

The second part of the documentary is scheduled for tomorrow.

 

[ZaZara]

The court of appeal in 's-Hertogenbosch has decided that 58-year-old Jos Brech, suspect in the case surrounding the death of Nicky Verstappen, will remain in custody for a longer period of time. Brech was sentenced to 12.5 years' imprisonment by the Limburg District Court on 20 November this year. Both the accused and the Public Prosecution Service appealed against this sentence.

Following the court's conviction, the prison sentence imposed by the court took effect. From the moment the appeal is lodged, Brech is again in 'pre-trial detention'. After the appeal was lodged, the defence submitted a request to release Brech during the appeal. As long as the appeal proceedings are ongoing, the defence may submit interim requests to suspend or release Brech from pre-trial detention.

Any additional requests for investigation may be made by both the defence and the Public Prosecution Service. If the court considers that additional investigation is necessary, a number of preparatory hearings will follow up until the substantive hearing.

We've been there before.....

 

[Tekno]

Does anyone know where Brech was at the time of Madeleine’s disappearance i.e April/May 2007?

 

[ZaZara]

Does anyone know where Brech was at the time of Madeleine’s disappearance i.e April/May 2007?

Is Madeleine a girl? Jos Brech fancies boys in the age of 10 - 14 years.

 

[Tekno]

Is Madeleine a girl? Jos Brech fancies boys in the age of 10 - 14 years.

Hi ZaZara, yes of course Madeleine McCann is female. Martin Ney, who was first suspected in Nicky’s disappearance and death is being re-interviewed re. Madeleine’s disappearance. Ney is also said to be only interested in boys.

 

[worldwatcher]

Does anyone know where Brech was at the time of Madeleine’s disappearance i.e April/May 2007?

JB was into bushcraft, he had/has an UT channel, mentioned in this thread somewhere.
To my knowledge, he is never been in Portugal.

MM is probably snatched, during a burglary. JB had another life style, more of a loner,nothing related to the POI.
No convictions of drugs, theft, burglary's.
The only connection between MN, CB and Jos B. that I can think of, might be the dark net?!
There was childporno found on JBs pc,
I really find that ^word^offensive, it child Abuse! #plainsimple.
The sentence of what JB got, is nothing to campaired with what the family had to go through..

ETA:
https://youtube.com/c/oakleafNLB
His UT channel is still up.

 

[Tekno]

JB was into bushcraft, he had/has an UT channel, mentioned in this thread somewhere.
To my knowledge, he is never been in Portugal.

MM is probably snatched, during a burglary. JB had another life style, more of a loner,nothing related to the POI.
No convictions of drugs, theft, burglary's.
The only connection between MN, CB and Jos B. that I can think of, might be the dark net?!
There was childporno found on JBs pc,
I really find that ^word^offensive, it child Abuse! #plainsimple.
The sentence of what JB got, is nothing to campaired with what the family had to go through..

ETA:
https://youtube.com/c/oakleafNLB
His UT channel is still up.

Thank you Worldwatcher. The e-fit of a man seen watching the McCanns apartment has never been identified. It is my opinion that he strongly resembles JB.

 

[worldwatcher]

Thank you Worldwatcher. The e-fit of a man seen watching the McCanns apartment has never been identified. It is my opinion that he strongly resembles JB.

I see your point,JB drifted a lot,but to my knowledge,never in Portugal,seemed he kept a lowprofile,prefering bushcrafts,hiking,boy scouts..
I really dont know,how long he was into bushcraft,boy scouting etc.More a quiet person,who kept to himself very much.As much as JB resembles the sketch,I dont see him end up in Portugal,too crowed for him.I could be mistaken though,,.Silent waters run deep..right?!

 

[ZaZara]

Zaak-Nicky Verstappen: politie verhoort Jos B. opnieuw

Nicky Verstappen case: police to question Jos B. again

The police will interrogate the convicted Jos B. again in the Nicky Verstappen case. This is confirmed by the Public Prosecutor to RTL Nieuws.

The questioning is unusual according to B.'s lawyer Gerald Roethof. "I have never experienced it before, that a person who has been convicted by the court is heard again in the course of the appeal."

A spokesperson for the Public Prosecutor's Office (OM) says that indeed 'an interview with the police' has been scheduled. The hearing would be next Monday, but the spokesperson does not want to confirm that. The Public Prosecution Service agrees that it is not often that a police hearing is scheduled during an appeal.

The OM will not say anything about the reason for the interrogation. More will become clear during the coming court sessions. Possibly already in a fortnight: on 6 April, a so-called pre-trial hearing.

Lawyer Roethof suspects that the investigation team wants to interrogate his client again for tactical reasons. "I can't imagine that they have something new. My estimation is that the prosecutor does this to show that B. still does not talk, even on appeal, and to argue that this would be the behaviour of a guilty person. If you believe you have a strong case, you would not waste valuable investigative time on an already 'solved' case."

Lawyer Roethof predicts that his client will say little in the upcoming interrogation. "He will not answer. It has no added value for him to say more now than he already has. I want to stop him from saying something from his memory. And that after 22 years that memory would turn out to be slightly different from reality," Roethof says.


BBM

 

[ZaZara]

Jos Brech niet verdacht in oude verkrachtingszaak in Nuth

Jos Brech not a suspect in old rape case in Nuth

Investigations into an old unsolved rape case from 1990 in Nuth (near Schinveld) have not yielded any indications for a new suspicion against Jos Brech. Public prosecutors investigated that case after the victim came forward in 2018 when the news broke that Jos Brech was suspected of abusing and killing Nicky Verstappen.

BBM

 

[ZaZara]

Aanvang hoger beroep tegen Jos Brech

The appeal against the conviction of Jos Brech in the Nicky Verstappen case starts on Tuesday at the Court of Appeal in Den Bosch.

Brech was earlier sentenced to 12.5 years in prison for the kidnapping, abuse and death of the boy from Heibloem on the Brunssummerheide in 1998. Both the defendant and the prosecutor appealed.

Tuesday is the first preliminary hearing. The case will not be dealt with in substance yet. However, the parties can indicate which questions and wishes for investigation they have and who still needs to be heard. The substantive hearing will not take place until the end of 2021 or the beginning of 2022.

Last November Brech was convicted of kidnapping resulting in death and sexual abuse of the 11-year-old boy. According to the court in Maastricht there was no question of murder or manslaughter. But due to the violence that was applied during the abuse, Nicky did die. The intentionality could therefore not be established and therefore the punishment was lower than requested. The public prosecutor had previously demanded 15 years' imprisonment plus tbs with compulsory treatment.

Brech's lawyer, Gerald Roethof, also appealed. He maintains that his client is not responsible for the kidnapping, abuse and death of Nicky. The only punishment that Brech is willing to accept, according to him, is possession of child *advertiser censored*.


BBM

 

[ZaZara]

I see that this case has been moved to 'recently sentenced and beyond' category and that the defendant is labelled 'guilty'.

Let me enlighten you. Jos Brech and his lawyer have appealed, and for the duration of the appeal, the defendant is presumed innocent.

This is a legal concern and it is serious. It is not as if the first sentencing is the final one and all that comes after it is lalala.

 

[ZaZara]

'Brech zweeg tijdens nieuw politieverhoor'

Jos Brech remained silent when the police heard him again on March 22 for the appeal in the Nicky Verstappen case.

His lawyer Gerald Roethof told this in an interview with the television programme Shownieuws.

According to Roethof, nothing new emerged from the hearing: "My client did not say much. He has actually kept silent." He does not know why his client was interrogated again. "You should actually ask the prosecutor about that. I cannot explain why people do some things that I cannot understand. Towards the Court they are trying to portray an unreliable silent person. We look at facts. And we just don't have any hard facts in this case," the lawyer said.

BBM

 

[ZaZara]

Teleurstelling in zaak Nicky: Jos B. blijft zwijgen

The final attempt by the Public Prosecution to persuade Jos B. to speak about the death of 11-year-old Nicky Verstappen has failed. Jos B. did not take the outstretched hand of the advocate general and repeated at the start of the appeal in the criminal case in Den Bosch, what he said earlier at the court: "I did not take Nicky out of the camp, did not sexually abuse him and did not kill him."

A few weeks ago, Jos B. was heard again by order of the prosecutor in the hope that he would abandon his attitude of silence in the trial. "He could have chosen to come up with a plausible and verifiable explanation after all."

The attorney general emphasised that Jos B. as a suspect has the right to remain silent, but that there is a lot of evidence that cries out for an explanation. If he does not give an explanation, silence can turn out to be to his disadvantage.

That is what happened at the court in Maastricht, that did not believe him and sentenced him to 12.5 years imprisonment for the 'kidnapping' of Nicky from the tent camp at the Brunssummerheide, the sexual abuse of the boy, resulting in respiratory distress and death.

The AG: "We sincerely do not understand Jos B.'s attitude. If he is really innocent, then come up with an explanation. The defence has repeatedly said that the answers are in a safe. But they still haven't emerged." Jos B. himself hinted at a 'trump card', which was subsequently never drawn, according to the attorney general.

Jos B. also decided on Monday during the start of the appeal at the court in Den Bosch to stick to his earlier video statement. In it, he said he found the body of Nicky Verstappen in August 1998. He was already dead. Jos B. made no mention of his find, but did arrange the child's clothes.

An explanation that does not fit with the dna traces that were found, according to the attorneys general. On the pants of Nicky, both on the outside and on the inside, there was more dna of Jos B., than of Nicky.

In court he did not want to answer questions about his video testimony and he did not want to answer them in Den Bosch on Monday either, even though the Public Prosecutor vowed not to use it against him if he cannot remember things. "We are not here to catch you. If everyone has got it wrong, if there are reasons why we should see it differently, then explain that."

Jos B. said "in all sincerity he has given his video statement. If no faith is placed in it, I can do nothing else but repeat it."

Lawyer Gerald Roethof said that Jos B. is indeed accused of "having made dishonest statements when he cannot remember things. He has the right to remain silent. Is it strange that he would rather not answer than say things that are not true?"

The defence of Jos B. seems to want to repeat the entire criminal case on appeal. Lawyers Roethof and Judith Brassé want to hear more than eighty witnesses and experts again. A large part of the requests concerns the securing of the clothing with dna. The defence suspects that 22 years ago the clothing was handled carelessly, which may have led to dna being spread or contaminated.

The court will decide on Friday, April 9.


BBM