Corruption of the Appeal Court Judges

1

The judgment is given on the appeal instituted against the judgment of the district court at 's-Hertogenbosch of 24 October 1996 in the case against Kevin Sweeney,...

2

The prosecutor (officier van justitie) has instituted appeal in time and the appeal, as appears from the hearing on appeal, is understood as having been explicitly limited to the acquittal of count 1 of the indictment made against the accused. The judgment of the Court of Appeal is based on the hearing in first instance and the hearing on appeal, having regard to the requisition made by the attorney-general and the points raised on behalf of the accused. The judgment a quo will be quashed because it is irreconcilable with the decision to be given hereinafter.

3

Indictment

The accused has been charged that he:

1. on or around 17 July 1995, in any case in the period of 13 July 1995 up to and including 17 July 1995 at Steensel, municipality of Eersel, jointly and together with one or more other persons, alternatively alone, intentionally and with or without premeditation robbed S. Davies of her life, because he or they, the accused and/or his co-perpetrator(s) intentionally and whether or not after calm deliberation and in mutual consultation in and or near a (bedroom of a) dwelling located at 3a Eindhovenseweg, in which room, or alternatively in which house Davies found herself,

- put or placed (one) bottle(s) with turpentine or, alternatively, an inflammable fluid or fluids and/or (subsequently) set this alight with (one) inflammable fluid(s) which were present in that room or, alternatively in that residence, which fluid(s) contained turpentine or alternatively (an) inflammable fluid(s)

and/or (subsequently)

- after the aforesaid inflammable(s) had caught fire left the said room,

as a result of which such a development of carbon monoxide was caused in the said room that the aforementioned Davies died from carbon monoxide poisoning.

Alternatively, if the foregoing should not lead to conviction:

 on or about 17 July 1995, in any case in the period of 13 July 1995 up to and including 17 July 1995 at Steensel, municipality of Eersel, or alternatively in the district of 's-Hertogenbosch, jointly and in unison with one or more other persons or alone intentionally committed arson in a (bedroom of a) dwelling located at 3a Eindhovenseweg, whereby he, the accused and/or his co-perpetrator(s) intentionally set one or more inflammable fluids alight as a result of which a fire arose while this could be expected to cause a danger to life for one or more others to wit  S. Davies and/or while this could constitute a common danger for property to wit in respect of things which were in and/or around such residence and aforementioned fact has caused the death of the said Davies.

4

The Court of Appeal considers that the way the first count has been formulated lacks clarity especially where the factual results of the qualification part is concerned and the Court of Appeal understands the count in this way that it is the obvious intention of the indictment to reproach the accused of having intentionally and with premeditation caused the death of his spouse S. Davies by means of intentional arson and reads the indictment in this sense.

 A court, and especially a Court of Appeal, may not change the terms, construction or interpretation of the Indictment without the knowledge of the defendant.

 Under Article 313 of the Dutch Penal code if a prosecutor feels it necessary during a trial to change the indictment, the changes have to be put in writing, the court has to agree the changes and the defendant has to be given written notice.  There appears to be no statute in Dutch law whereby the court may secretly change the indictment after the trial and before judgment and sentencing, without informing the defendant, or in any event.  In this case the Court of Appeal used the surprise element of the change of the prosecutor’s indictment deliberately, by not giving the Applicant a chance to see it in writing and to comment on it.  A vague, un-reasoned, confusing or incorrect Indictment should have been dismissed by the Court, or at the very least, the possible interpretation of the indictment should have been openly discussed at the hearing to give the defence an opportunity to comment on the matter.

 It is clear that the indictment was ‘interpreted’ by the judges after the agreement, at a secret meeting, with the Prosecutor, otherwise had this ‘interpretation’ ultimately led to the acquittal of the Defendant being upheld, then the Prosecutor would have had the opportunity to appeal on grounds of Law.

 This is clear evidence and proof of the Judicial Corruption of the Den Bosch Court of Appeal and the individual judges in this case.

5

Admissibility of the case of the public prosecution service

 I. On the part of the accused the defence was raised that the case of the public prosecution service should be held inadmissible on account of the rights of the accused to a public hearing of his case within a reasonable period pursuant to article 6 EHCR.

 The defence raised must be considered to have been repeated in the Court of Appeal's judgment. The Court of Appeal recognises that suspects are entitled to have their case heard within a reasonable period in order to avoid that an accused needs to live under the threat of prosecution for a period which is longer than reasonable.

 This term commences once the State has acted towards an accused in such a manner that he may reasonably infer and draw the conclusion that there is a serious intention to commence prosecution. In this present case the term must be considered to have started on 4 December 1995 this being the date on which the accused was arrested for the purpose of extradition.

 In the Court of Appeal's opinion the right to a public hearing within a reasonable period (Article 6 EHCR) was breached, in particular where the period is concerned between the date on which appeal was instituted by the public prosecution service, 6 November 1996, and the hearing on the merits on appeal on 6 February 2001. It is true that the investigation after the hearing on 3 November 1997 was extensive and complicated, nevertheless there have been periods where there was a lack of expedience resulting in a delay in the adjudication which was not attributable to the defence. 

 However, having regard to the interests involved, to wit the interest of the community that the law is upheld and the interest of the accused that the right of prosecution will lapse where such term is transgressed, the non-admissibility of the public prosecution service's case, having regard to the special seriousness of the indictment and the measure of transgression, would not constitute a fitting reaction  so that the Court of Appeal rejects this defence.

 The Court of Appeal acknowledged that the case had taken over 5 years to be heard and yet stated that the measure of transgression did not constitute a sufficient reason to dismiss the case.  What was more important than the sheer time that lapsed was the fact that in delaying to such an extent the prosecution secured the destruction of evidence favourable to the Defendant and ensured that he was sufficiently financially impoverished to render him incapable of paying for lawyers and thereby of conducting an adequate defence. 

 Accordingly,  the judges showed bias towards the Prosecution at the expense of the Defence and thereby the judges of the Den Bosch Court of Appeal demonstrated Judicial Corruption.

6

II.         The defence has further raised that the prosecution should be held non-admissible because of a breach of rights to a fair trial on account of serious imperfections in the (police) investigation. What has raised the defence in support hereof is mentioned in the pleadings attached to the record of the hearing of 6 February 2001. This is considered to have been repeated in this judgment.

The 'serious imperfections' in the police investigation was not considered important enough and thereby the judges were fully prepared to tolerate the fabrication of evidence, suppression of evidence and the perverting of the course of public justice.  This too is an indication of the bias and partiality of the judges.

 Accordingly,  the judges showed bias towards the Prosecution at the expense of the Defence and thereby the judges of the Den Bosch Court of Appeal demonstrated Judicial Corruption.

7

The Court of Appeal considers the following with regard to this defence:

This defence is rejected by the Court of Appeal. There may well have been imperfections in such an extensive investigation but this is inevitable. The defence asked that special attention be given to the reporting and the (manner of) taking of samples in the dwelling at Steensel. The Court of Appeal finds that there has been no gross disregard of the interests of the defence. This defence is thus rejected.

 The judges stated that the 'imperfections' of the police case were 'inevitable' and thereby the judges were seen to be publicly condoning the overwhelming corruption of the prosecution officers in this case.  Were the judges stating that it is 'inevitable' that the police and prosecution service in the Netherlands act in a corrupt manner?  The judges accepted the corruption and did not seek to deny it, indeed they accepted the corruption as being 'inevitable'.

 The judges stated that the fabrication of evidence in respect of the carpet samples was 'no gross disregard to the interests of the defence' and thus if indeed the police fabrication of the most crucial piece of alleged evidence was irrelevant, then it would appear that in fact in the Netherlands the actual questions of evidence are immaterial and Defendants may be convicted on mere speculation and accusation.  Why therefore does the Dutch court even bother with the pretence of gathering evidence?  It appears that real evidence is inessential when fabricated evidence will suffice in the Dutch system.

 Accordingly,  the judges showed bias towards the Prosecution at the expense of the Defence and thereby the judges of the Den Bosch Court of Appeal demonstrated Judicial Corruption.

8

Proof

The Court of Appeal is of the opinion that it has been lawfully and convincingly proved that the accused has committed count 1 of the indictment, to wit:

 in the period from 13 July 1995 up to and including 17 July 1995 at Steensel, municipality of Eersel, to have intentionally and with premeditation robbed S. Davies of her life by intentionally and after calm and quiet deliberation in and near a bedroom of a residence at 3a Eindhovenseweg, in which residence the victim was present,

- setting alight inflammable fluids in that residence and subsequently

- after the said inflammable fluids had caught fire leaving the said residence,

as a result of which carbon monoxide was formed in said room as a result which the aforementioned Davies died of carbon monoxide poisoning.

The Court of Appeal does not consider that the other counts in the indictment were lawfully and convincingly proved so that the accused must therefore be acquitted thereof.

 How was it physically possible to allegedly set alight flammable fluids and subsequently leave the residence when Suzanne had herself locked and bolted all the doors and windows from the inside?

 How was is possible that alleged inflammable fluids were set alight and yet no traces of those fluids were found in the lungs and blood or on the hair or skin of Suzanne, nor were any traces found in any other place in the room, save for the carpet samples, which the judges knew to have been fabricated by the police themselves?

 The judges had changed the indictment, and then indulged in irrational theories which were physically and scientifically impossible. Accordingly,  the judges showed their desire to pervert the course of justice and thereby the judges of the Den Bosch Court of Appeal demonstrated Judicial Corruption.

9

The evidence on which the Court of Appeal bases its decision

 The evidence applied by the Court of Appeal is mentioned in the supplemental statement, referred to in sections 365a and 365b of the Code of Criminal Procedure, which is appended to this judgment.

 { The item number given in italics, 1, 2,.., refers to the item number of the supplemental statement attached to the judgment. }

 1.

 It should be noted that the Applicant’s oral evidence in court was not noted verbatim. Further, the Court of Appeal has refused to provide the Applicant with the tape recording of the court hearing so that a verbatim transcript might be made.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

 2.

It is seen from the statement of the policeman, Bax, who was at the house at about 2.46 hrs. that it was the burglar alarm that had sounded.  There was no fire alarm at the house.

The policeman notes that he inspected the house and saw nothing out of the ordinary.  Furthermore the policeman noted that all the doors and windows were locked. 

Bax was accompanied at the time with another policeman and with Suzanne’s cleaning lady (Mrs Moorens-Smets) and the cleaning lady’s husband (Mr Moorens).  None of these other witnesses apparently saw the raging fire alleged by the Court of Appeal.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

 3.

The fire alarm was raised at 03.33 hrs. and/or 03.41 hrs. and the fire brigade arrived at 03.51 hrs. The house was locked up from the inside and the fire brigade had to break in.

The firemen discovered Suzanne at 03.55 hrs and gave first aid.

The ambulance arrived at 04.20 hrs and continued re-animation.

Suzanne was stated to have died at 04.37 hrs. by the doctor in attendance.

The firemen removed Suzanne from the fire scene at 03.55 hrs and gave First Aid and the ambulance personnel stated that they found a cardiac trace when they arrived (04.20 hrs.) and thus attempted re-animation.

The time of death is essential to the determination of the timing of the fire.  On the 9 October 1996 the Dutch Government’s Pathological Laboratory sent by fax to the Examining Magistrate a graph that provided evidence on the survival time of victims of carbon monoxide poisoning.  From this it is seen that with a COHB level of 63% (as found in Suzanne) the time of exposure before death is about 10-20 minutes.

Thus Suzanne was removed from the fire scene at 03.55 hrs., less 10-20 minutes for the fatal poisoning of carbon monoxide, is 03.35 to 03.45 hrs. Bed fires reach their maximum intensity is a period of 3 to 5 minutes. The fire was first seen at 03.41 hrs.

Thus the time of the fire must have been (± 5-10 minutes) at the time when it was seen and reported at 03.41 hrs.  It is impossible that Suzanne could have survived a fire that began at 02.38 hrs. as alleged by the Court.

The graph of the toxicity of carbon monoxide poisoning was suppressed by the Court and not considered in the judgment.  See at 15.15 a) for copy of the toxicity graph.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

4.

-

5.

The report of the post mortem examination that was conducted on the 18 July 1995:

It is interesting to note that the Court of Appeal enumerates items 1 to 7 and item 14 only of the Post Mortem report.  What of items 8-13 and items 15 onwards?

The reason is that the Court of Appeal is seeking to suppress the evidence of the pathology of the internal organs and the fact that none of the various pathologists in the case found any traces of ‘turpentine’ or inflammable products in the blood, lungs, stomach, liver, kidneys, hair, et cetera.

The report clearly states that there were only second degree burns to limited parts of the body. Had there been a raging accelerated fire and a ‘flashover’ of the type alleged by the Court then there would have been third degree burns covering the entire body. More importantly, Suzanne's hair was intact and this indicates the nature of the fire and her actions after the fire started.

Further the evidence that any victim of a fire (where an accelerant is used) will have detectable traces of the accelerant in the blood, lungs, internal organs, skin and hair was suppressed by the Court of Appeal.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

6.

-

7.

It is interesting to note that the police doctored and changed their reports and alleged information from time to time during 1995/1996.

The reports of the Technical Police were shown to be perjured when it was discovered in 2000 that the most essential item of forensic evidence, the allegation that carpet samples were taken immediately by the police, was proven by the prosecution’s own photographs to be fabricated.

The conclusions of this Police report (dated 7 November 1995 and as quoted by the Court of Appeal in 2001) are untrue and/or purposely confusing:

All of the above allegations of the police were shown by evidence to be untrue and each of these matters were known to judges of the Court of Appeal, yet these false allegations were used by the court.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

8.

It is seen here that the alleged carpet samples were not taken immediately, if at all, and if they were actually taken (and not falsified) this was up to 10 days after the fire.  The possibility that these carpet samples were entirely falsified comes from the fact that there were no traces of a ‘crude oil distillate’ found on the floor under the carpet. How therefore was it possible for carpet samples to have the alleged traces, but there were no traces on the floor under the carpet, or indeed environmentally anywhere else in the room?

These facts were known to the Court of Appeal and in not reacting to this fundamental affront to logic and common sense the Court of Appeal has itself entered into the conspiracy to pervert the course of justice.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

9.

 -

12.

The proposition that it was a fire that caused the burglar alarm to sound cannot be sustained if the witnesses at the scene saw no fire. 

The police were wrong in their contention that a fault in Zone 6 only refers to the bedroom. In fact Zone 6 is the circuit from the control panel to and including the bedroom.  The cable for Zone 6 passed through the wall of the bedroom and ran along the outside wall the entire length of the house to the control panel.  Any break in the circuit at any point would have registered the same fault.  A loose connection would have produced the same alarm fault. An electronic fault in the control panel or the sensor could have caused such a fault message.

The house had been burgled a few weeks previously and the police were aware of this and the fact that burglars will trip an alarm to simulate a false alarm and then enter the premises once the police leave.  On the night of the incident, witnesses said that they saw some men in T-shirts in the garden of the house around the time that the alarm was activated. The police did not investigate any of these facts.

The police were aware of the incidence of faulty automatic alarm systems.  The World Fire Statistic Centre of the United Nations reported that in 1994 there were 31,197 false fire alarms in the Netherlands and there were a substantially greater number of false intruder alarms.

The police conducted no tests or analysis of the actual on the sensor to determine and diagnose its electronic functions.  Furthermore, it is seen from the photographs of the sensor that the microswitch was undamaged and that the interior of the sensor was unaffected.

The police suppressed from evidence that the bedroom wall and area around the sensor had not been cleaned or repaired after the installation of the alarm system a few weeks previously and that this was one of the cleaning / restoration jobs being undertaken by Suzanne. Thus it was likely that Suzanne had cleaned and moved the sensor at some stage during the cleaning. Disturbance of the sensor could have caused a sabotage alarm.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

13.

The cleaning lady’s husband (Mooren) said in the statement he gave on the 19 July 1995 that he was at the house at the time of the sounding of the intruder alarm. He was there with the 2 policemen who attended the house.  Further he and his wife tried all the doors and it was confirmed that the house was locked up from the inside.  Mooren and his wife walked around the house, within 1-2 metres under the 2 bathroom windows and the 4 bedroom windows and the bedroom balcony door (where the fire occurred) and then to the rear of the house. They did not see or feel or smell the raging and explosive fire alleged by the Court of Appeal.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

14.

On the 29 February 1996, 6 months later Mooren suddenly remembered that he smelt smoke and believed it to have been a barbecue. 

When Mooren was interviewed by the Examining Magistrate he admitted that the policeman Haarman had approached him to change his previous statement. In then transpired that Moorens was a personal friend of Haarman and that they were both in the same choir.

Of the many witnesses that were at the house or had a view of the house or passed the house at the time (alleged by the Court of Appeal to have been the time of the raging and explosive fire), Mooren was the only witness to have changed his story, thought that he smelt smoke (albeit, he said from a barbecue and six months later). It is this evidence that the Court of Appeal relies on, contrary to the testimony of all the other witnesses, including 2 policemen, that there was a fire at the time stated by the prosecution.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

15.

At about 03.10 hrs. a neighbour smelt smoke through his open window, but he did not see any smoke or fire.  It is inconceivable that the police had not made enquiries with the neighbours to find out if there had been a barbecue in any of the neighbouring houses, and thus the results of such enquiries have clearly been suppressed by the police.

The neighbour stated that he did not see any smoke until about 03.30 hrs.  It appears that this witness’ timing was about 10 minutes incorrect as the fire report was not made at 03.30 hrs, but recorded at 03.41hrs.

This timing would tally with the timing of the Carbon Monoxide poisoning. See 3. above.

Given that bed fires are rapid and reach their peak in about 3 to 5 minutes, the fire must have started at about 03.35 hrs. It is therefore inconceivable that the fire was an hour earlier at 02.38 hrs. as alleged by the Court of Appeal.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

16.

 -

17.

The statements of the witness Hompes confirms the time that the Applicant left the house, at or before about 02.00 hrs.  In fact the Court of Appeal neglects to include the final statement of the witness made before the Examining Magistrate. In this statement this witness states that at the time stated (02.00 to 02.10 hrs) the witness did not see the Applicant’s car in the parking space but she saw another car parked there. This therefore is evidence that the Applicant had left the house before that time and 40 minutes before the Court of Appeal alleges the fire occurred or 1 hour and 40 minutes before the witnesses at the scene saw any sign of fire.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

18.

The cleaning lady Mrs Moorens-Smets stated that she saw no need to clean the house and/or saw no adhesives on the carpet. She had not been to the house after 12 July 1995 and thus she did not see the house after the furnishings were moved in on the 13 July 1995 by the Applicant or the work done at the house by Suzanne on the 14 July 1995.

The paint splashes on the stairs were so clear that they were readily evident to the firemen at the scene on the morning of the fire.  Thus Mrs Mooren-Smets did not tell the truth in her statement. The paint splashes on the stairs had been there since the decorators had finished in the house 2 months previously, yet she still had not cleaned it. Thus Suzanne had to do it.

It was at all times known to the Court of Appeal that the police had suppressed the photographs of the underside of the carpet that showed extensive areas of a white carpet adhesive on an otherwise pink carpet.  These photographs are re-produced at 15.15 b

It was at all times known to the Court of Appeal that the evidence showed that the plumbers had just finished work in the bathroom and indeed the police photographs show that the bathroom needed decoration and the wall tiles needed to be cleaned and re-furbished. Further the installation of the intruder alarm in the house (including the bedroom) needed cleaning and the walls re-furbishing.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

19.

The witness McDaid, the baby sitter, was known by the Court of Appeal to have substantially perjured herself in her statements.

In her statement before the Examining Magistrate in 1996 she admitted (when confronted with photographic evidence) that she had lied in her statements of 1995. For example, McDaid had  stated that the Applicant had put boxes into his car, when this was impossible because it was impossible for her to see the parking area from the playroom (in the Applicant’s home in Belgium) where she was looking after the children. McDaid said that the Applicant had removed security lighting form outside the front of his house in Belgium, when there was never at any time security lighting there. McDaid stated that the Applicant had removed window handled from his house in Belgium, when the windows did not have removable handles.  McDaid had stated that on the morning of the fire she had seen (from the stairs) the Applicant’s toes (SIC) in his bed, when it was impossible for her to see into the Applicant’s bedroom or see the bed from the stairs.

McDaid admitted that in a 3 month period in 1995/1996 (at the time she was making police statements) that she had been contacted and prompted on no less that 90 occasions.

McDaid had been blackmailed by the police because there was evidence that she defrauded her company (The British Nursing Association) of the fee the Applicant had paid her for the weekend’s work.  The Applicant had given her a cheque for her employers in settlement of the bill (for about £392.20p), plus a tip of £50. However, McDaid pocketed the cheque and defrauded her employers.  This matter was know to the Court of Appeal as it was one of the matters in the Crown Prosecution Service dossier that the Chief Crown Prosecutor of England sent to police and which was sent to the Examining Magistrate Ter Beek. This dossier was subsequently suppressed by the Examining Magistrates (Ter Beek & Barteld).

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

20.

The Court of Appeal failed to note that Suzanne’s brother stated that during the telephone conversation in question, that she was cleaning the house.

In this item the Court of Appeal itself is engaged in perjury.  The Court of Appeal says (in parenthesis) that it believes that the telephone conversation took place at on the 16 July 1995 at 00.15 hrs Netherlands time.  In fact the Judges of the Court of Appeal are fully aware that the telephone conversation took place on the 17 July 1995 at 00.15hrs Netherlands time.  The judges of the Court of Appeal are attempting to pervert the course of justice by altering the evidence that Suzanne’s brother was told by Suzanne only a few hours before the fire that she was engaged in cleaning.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

21.

This evidence of the decorators that there were no paint splashes is contradicted by the firemen at the scene on the night of the fire whom reported paint splashes on the stairs.

The evidence of the decorators that they did not leave any paint splashes is clearly contradicted by the evidence of the firemen whom saw paint splashes.

Furthermore the police photographs show that there were considerable areas of carpet adhesives used on the carpet. See at 15.15 b.

Furthermore the decorators finished at the house in May 1995 and after that date the house was burgled and the damage done had to be repaired and redecorated; the plumber had re-fitted the bathroom beside the bedroom; the alarm installation company had installed wiring and sensors throughout the premises and had caused blemished in the decorations and furniture and furnishing had been moved into the house. In addition Suzanne herself had re-painted areas and had put up paintings and wall hangings and this would have caused the need to touch up blemishes.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

22.

The Technical policemen, led by the elusive Albers (whose psychiatrist had excused him from attending to be cross examined at the Court of Appeal on the 6 February 2001) in October 1997 apparently discovered that the carpet samples (samples 1, 2 & 3) they took, or as the evidence later appeared fabricated, in July 1995 suddenly were found to contain other forensic evidence, namely the paper labels of the melted containers.

These paper labels were apparently not seen by the Dutch Government Laboratory when they examined and analysed the samples in 1995.  Thus instead of just reading the labels to ascertain the contents of the melted containers, the Dutch Government Laboratory undertook a series of increasingly complicated Gas Chromatography Headspace tests and when these proved negative, the laboratory undertook Tenax tests. These ultimately resulted in a vague result of ‘a crude oil distillate, possibly turpentine’, the description then changed at the request of the police to read, ‘a crude oil distillate, probably turpentine.’  If these paper label existed on the samples in 1995, why did the Government Laboratory just not read the labels on the samples?

The samples were apparently returned to the police in 1995 because they were, according to the Dutch Government Laboratory, ‘incorrectly’ taken.  The samples would have been heated and processed by the Dutch Government Laboratory, yet the paper labels were apparently intact and unaltered in October 1997 when the police allegedly discovered the existence of the paper labels.

Given the propensity of these very same police officers to fabricated the carpet sample evidence it would appear incredible that the judges of the Court of Appeal would accept these allegations without corroboration or clarification from the Dutch Government Laboratory, would accept evidence from policemen known to have fabricated and suppressed evidence and would have accepted a letter from a psychiatrist that Albers (the head of the police technical team) was mentally unwell and thus would not be available for cross examination. 

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

23.

The TNO tests are analysed elsewhere in this document and in the pleadings of the Applicant’s lawyers in the Court of Appeal, et al.

What is significant is that the TNO technician, Reijman, when questioned before the Examining Magistrate admitted that he had lied in his report conclusions, as the report and its conclusions did not correspond with or truthfully report the sensor and instrumentation readings recorded during the tests.  For example, Reijman said in his report that the fire tests showed a fire with a peak in 15 minutes, whereas the sensors, instrumentation and video-tapes show that the fire reached its peak in 3-5 minutes.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

24.

The under-cover policeman Postma's evidence is analysed elsewhere in this document and in the pleadings of the Applicant’s lawyers in the Court of Appeal, et al.

What is significant is that when Postema was questioned before the Examining Magistrate and presented with factual evidence that contradicted his conclusions he refused to accept that his conclusions were wrong and without any basis in fact.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

25.

The Court of Appeal quotes the evidence of the under-cover policeman Postema, however his allegation of a second seat of fire was denied by the other prosecution experts. Further, the Dutch Government Laboratory tested the carpet in this area and found absolutely no traces of any flammable products.

The Court of Appeal was aware that the TNO tests proved that the second seat of fire alleged by Postema was untrue. This is because the TNO tests showed that the fire and hot gases passed under the door in exactly the same place and scorched the carpet.  The Applicant’s lawyers asked to show the TNO video-tape in court on the 6 February 2001 to demonstrate this fact to the judges, however this request was refused because the judges preferred to pervert the course of justice themselves, rather than leave it to Postema.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

26.

The level of alcohol in Suzanne’s blood was not sufficient to cause her to lose consciousness. This alcohol was a result of the wine Suzanne had had for dinner and a drink later.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

27.

The point which the judges are attempting to make here is unclear. Whilst it is self evident that burns from a fire are painful, this does not prevent people from being victims of fire.  The effects of a fire and the speed with which victims reach depends on the levels of Carbon Monoxide in the air.  It was seen from the graph of the Dutch Government Pathologist that the victim of a 63% Carbon Monoxide level will only have minutes before they lose consciousness.  What is clear in this case is that Suzanne was asleep in bed when the fire started in the bed beside her. She then got out of the bed and went into the adjacent dressing room before she was overcome by the Carbon Monoxide.  Furthermore, the fact that Suzanne left the bed immediately, before the fire took hold, is evident from the fact that her feet were not burned. IF the floor was ablaze with a turpentine fire then her feet would have been burned first.

The expert Dr Hertum produced to the Examining Magistrate over 60 pages of clinical notes that showed that victims of normal fires (that is, fires not accelerated) sustain the sort of second degree burns and injuries sustained by Suzanne.  Clearly victims of accelerated fires that are raging and explosive sustain third degree burns of a much greater extent.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

28.

In that the evidence showed that the burns sustained by Suzanne were inconsistent with an explosive and raging fire, the prosecution and indeed the Court of Appeal judges embarked on the spurious argument that the fire had to be an arson because burns cause pain.  By the same logic the Court of Appeal would find that road traffic accidents do not occur because they cause pain and (because they cause pain) any potential victim would get out of the way sooner.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

10

Special considerations in respect of the evidence

I.          The decision that the grounds proved were committed by the accused is based on the facts and circumstances referred to in the evidence referred to hereinbefore, in their mutual context.

 As is seen below the Court of Appeal clearly did not read the evidence before it, as had the judges done so they would have been unable to rely on this alleged evidence in its decision.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

11

II.         The Court of Appeal has become convinced that there was intentional arson on the basis of evidence and, more in particular, the following facts and circumstances:

12

In and close to the bedroom where the fire raged a quantity of inflammatory fluids (methylated spirits, petrol and turpentine) were found present, the total quantity of which exceeds what is customary for household use, which provides a strong indication that there was intent to commit arson.

 The judges of the Court of Appeal knew at all times from the evidence before them the reasons for the presence of the cleaning fluids and the sources and nature of these cleaning fluids.  The judges knew for instance:-

a.      that the police had been informed and had checked that on the 13 and/or 14 July 1995 Suzanne had gone to a nearby carpet retailer (Carpetland) to purchase carpet adhesive, carpet tape and a carpet anti-stain treatment and whilst at Carpetland she obtained a brochure from that store which explained the various cleaning fluids required to clean specific stains.  The brochure listed precisely the products required including, Alcohol (i.e. methylated spirits), Acetone, Turpentine, White Spirits, Benzene, Essence (Petrol), et al.  This brochure was generally available in many hundreds of Carpetland stores throughout Europe and it is common knowledge and common sense that one uses a variety of cleaning fluids to clean different stains. 

b.      that ALL these materials found at the house were purchased by Suzanne on the 13 and/or 14 July 1995 at a retail do-it-yourself store called Superbois a few kilometres from her home in Belgium.

c.       that the police had been informed of the above and had checked these facts by inspecting the till rolls (cashier's records) in the stores.

d.       that the police had been informed and had checked that the containers of liquid were the smallest available at the store.  There were available 1 litre bottles, 2½ litre bottles and 5 litre containers and that the bottles actually found were 1 litre bottles.  Further these products were specifically packaged and supplied as cleaning materials. 

e.      that the bottles found were unopened, intact and were not burned and had been safely put aside out of harm's way by Suzanne.

f.        that the bottles did not have upon them the fingerprints of the Applicant, but had other fingerprints and that the police had suppressed this evidence, undoubtedly because the fingerprints were those of Suzanne and/or the cleaning lady (Mrs Moorens).

g.      the police allege that 2 melted plastic containers and/or tops were found in the bedroom at a spot where there was a light bleached stain on the carpet.  In that burned petroleum products leave a dark stain it is inconsistent that these plastic containers contained a petroleum product.

h.      The methylated spirits were near the bathroom because Suzanne had to de-grease the tiles on the bath-tub surround to paint them. The bath-tub surround had been removed during repairs to the plumbing and they were damaged. This can clearly be seen on the police photographs.

   See supplementary dossier at pages: 136-137             (and at 15.19 b)

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

13

The Court of Appeal considers it completely implausible that the presence of inflammatory fluids in such an unusually large quantity, which was also partly unusual for household purposes (petrol), could be explained by there having been were stains of paint and glue in the carpets in and near the bedroom.

 It is seen from the Carpetland brochure (above) that Petrol (essence) is used to clean Coffee, Milk, Chocolate, Oil, Grease, Petroleum based products (including carpet adhesives), Fats and diary products, et cetera.  This was known to the court and indeed is common knowledge.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

14

In this connection the Court of Appeal refers to the statement of the witness, Mrs. Smets-Mooren, who stated never to have seen any traces of paint on the carpeting in the residence and that she had hovered the entire house and also never to have seen any stains of glue or other stains on the carpeting.

 It was clear to the court that the cleaning lady (Mrs Moorens) must have lied in her statement (perhaps because she knew the policemen personally because her husband was in the same choir as one of the two principle policemen, Haarman) in that the paint stains were so evident that the firemen at the scene of the fire (in their witness statement) said that they had seen paint stains.  Mrs Smets-Mooren had not cleaned the paint splashes in over 2 months since the decorators had finished. Furthermore the court were at all time fully aware that the police had suppressed photographic evidence of the underside of the carpet that showed substantial areas of a white carpet adhesive on an otherwise pink coloured carpet.  These photographs has been suppressed by the police for 3 years (until accidentally discovered by the defence) and had at all times been known to the prosecution and were in the court file.  See at 15.15 b. Furthermore, the photographs of the scene of the fire clearly show that the adjacent bathroom had had work done to it and this needed restoration (re-painting) and further that a burglar alarm sensors had been installed in the bedroom and thus the installation had caused damage to the walls, et cetera, which had to be re-decorated.  All this evidence was in the court file and thus at all times known to the judges.

 Further the judges were at all times aware that Suzanne had herself told her brother, a few hours before the fire, that she was cleaning the house. Further the judges were at all times aware that the police, prosecution and examining magistrates has suppressed Suzanne's diary and note book (the so called 'pink book') which specified the cleaning that needed to be done and that gave a list of cleaning materials to be bought. 

   See supplementary dossier at pages: 132-135          (and at 15.19 b)

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

15

A number of technical investigations were made as to the cause of the fire, including a reconstruction by TNO in order to establish whether the suspicion of intentional arson could be confirmed.

 The judges at all times knew that the fire tests done were invalid.  The TNO tests done were invalid because they were not done in accordance with the mandatory test standards, they had been deliberately manipulated and falsified (on the instructions of the Examining Magistrate Ter Beek) and even if they had been honestly and properly conducted there would be a less that 1 in 110,000 chance of them being valid.  (Professor Barnett's report).  Further, the expertise from RAPRA (the Rubber and Plastics Research Association - Europe's foremost testers of bedding, mattresses, et al) stated that such tests were invalid and could not be used as proof.  Further the Standard Guide for Room Fire Experiments (ASTM E603-98a) specifically states (at § 1.9) that such tests cannot be used to simulate actual fire conditions. This document was exhibited to the Court of Appeal on the 6 February 2001 and was ignored by the judges. See at 15.15 c for a copy of this document.

 These expert reports were from official testing organisations, governments and expert witnesses with years of experience and a substantial track record in the field of fire testing, yet the judges propose in their decision that a more reliable witness was a firm (TNO) with no previous experience of such tests and a technician (Reijman) who had admitted when questioned before the examining magistrate that he had lied in his report.  

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

16

The Court of Appeal is, first of all, of the opinion that the investigation made by Mr. Reijman of TNO was carried out soundly and carefully, ...

 The judges were at all times aware that the tests were not done in accordance with Dutch, European, International or indeed any mandatory test standards.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

17

… as he tried as much as possible to simulate the situation in the house at the time of the fire.

 The judges were at all times aware that the tests reconstruction did not in any respect replicate the situation of the actual fire, indeed the evidence shows that not even the bed was the same as at the actual fire scene. Furthermore the judges were aware that Reijman had been suborned by the Examining Magistrate Ter Beek when he was instructed to fabricate the tests, and had complied.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

18

The report of Mr. Reijman made on 26 January 1999 as a result of this reconstruction shows that there is a considerable similarity to the situation in the residence at Steensel...

 The judges were at all times aware that the tests did not show any similarity with the actual fire scene, indeed in the actual fire scene only the bed (and not entirely) was burned, whereas in the fire tests the entire room was engulfed in flames as is common in a 'flashover'. 

 Furthermore the judges in court refused to view the video-tapes of the tests which proved that the test fire was nothing like the actual fire scene in that the test fires were explosive, all consuming and rapid.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

19

… where the traces of fire in the reconstruction tests are concerned at which turpentine was sprinkled in several places which were subsequently set alight.

 The judges were at all times aware that turpentine was not sprinkled in the room as there was no environmental contamination of any kind in any location and there were absolutely no traces of any turpentine alleged to be found on the floor under the carpet.  Therefore the only allegation of turpentine on the carpet was the police allegation and this had been proved to the judges as being fabricated by the police.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

20

On the basis of his analyses of the test results the expert reached the conclusion with great certainty that the fire raged on 17 July 1995 was caused intentionally.

 The judges were at all times aware that Reijman had admitted when questioned before the examining magistrate that he had lied in his report and that his conclusions did not reflect the actual tests results as recorded by the instrumentation, sensors and video-tape of the test fires.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

21

In this connection the defence suggested the possibility of contamination, which implies that the presence of inflammatory fluids in so many places in the carpet in the bedroom must have been caused by the number of persons, firemen and police officers, who walked across the carpet satiated with inflammatory fluids as a result of which small quantities of such fluids were to be found on the carpet and that this was not caused by the sprinkling of these fluids on the floor in several places.

22

Although the Court of Appeal cannot wholly exclude the possibility of contamination, it is of the opinion that nevertheless this cannot explain the relatively large quantities of inflammatory fluids spread all over the carpet in the bedroom which, according to the experts, do not point to contamination.

 The judges were at all times aware that (notwithstanding the fact that the police had fabricated the allegations of traces of turpentine) that the total percentage of the carpet tested (by the GC/MS tests) was only about 0.003% of the total surface area of the carpets and secondly it was impossible for there to have been even a limited amount of flammable liquids to have been sprinkled on the carpet as there were no traces of any such liquids on the floor beneath the carpet.  The carpet was a woven wool carpet without any underlay or backing and was thus porous and even a very small quantity of any liquid would have passed through the carpet and contaminated the concrete floor beneath.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

23

Mr. Reijman is not alone in his findings and in his opinion that there was intentional arson; he is supported therein by the expert-witness, Postema, (report of 3 September 1998 and his statement to the judge conducting his hearing on 16 October 1998)...

 The judges were at all times aware that Postma was an undercover policeman who posed as an independent expert witness and during questioning before the examining magistrate it was shown that his testimony was entirely valueless as when he was confronted with facts that disproved his theories he demonstrated his partiality and bias by refusing to acknowledge the truth despite the presentation of the indisputable facts.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

24

… and the technical detection team which conducted the investigation and the supplemental record of 22 October 1997.

 The judges were at all times aware that the head of the technical detection team (Albers) refused to attend the court to be questioned and instead he sent a letter from his psychiatrist to say that he was mentally unwell.  It was Albers and his team who had fabricated the carpet sample evidence and thus it is clear that Albers refused to attend to be cross-examined as he was afraid of being exposed and held responsible for his perjury.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

25

The defence pointed out that there was a possibility that the accident was caused by smoking in bed which could have caused the fire. The Court of Appeal considers this possibility  implausible, having regard to the findings made at the tests carried out by TNO during the reconstruction at which an effort was made, in vain to cause fire with the aid of a cigarette.

 The judges were at all times aware that the TNO tests were not done in accordance with the mandatory testing standards, further these tests used specially manufactured mattresses made from fire resistant materials, further the tests did not use the normal bed clothes, undersheets, sheets, pillows, duvets, bedspread, et al, that were known to be on the bed at the time.  The judges were at all times aware that the police had suppressed for 3 years photographs of the remnants of the bed clothes and labels that identified the bed clothes and that this evidence was in the court file.  Further the judges knew that RAPRA stated that the cigarette ignition tests would not be valid and that Professor Barnett called these tests a 'blunder'.  Further the judges knew at all times that there are many thousands of such household cigarette fires in the Netherlands each year and that it is common knowledge and common sense that cigarettes do cause fires in beds and upholstered furnishings.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

26

The fact that the forensic laboratory did, in its tests made on 30 August 1996, succeed in causing a bed or, bedding to catch fire with a cigarette does not convince the Court of Appeal as this appears only to have succeeded in very special circumstances.

 The judges were at all times aware that tests done in 1996 (by the Dutch Government Laboratory) using the remnants (from the actual bed) were ignited by a cigarette, thereby this was proof that the textiles in question were ignitable by a cigarette.  The methodology used by the Government Laboratory was not in accordance with the Dutch or European Standards or Norms, however the point at issue was whether the particular textiles on the bed were ignitable by a cigarette. The Dutch Government Laboratory proved that the textiles on the actual bed were ignitable by a cigarette.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

27

In this connection the Court of Appeal points to the statement of Mr. Bijl, an expert from the forensic lab, made on 24 May 2000, at his hearing by a judge at which, this is true, he criticised Mr. Reijman's report in respect of various points, especially with regard to the certainty expressed by Mr. Reijman, but otherwise stated on the said date: "At my hearing I said at that time that I considered it more probable, from a theoretical point of view, that the fire was caused by an open fire than by a burning cigarette, having regard to the victim's conduct and the fact that cigarettes do often not cause a fire".

 The judges were at all times aware that it is self evident that a match or lighter will more certainly (‘more probable’) cause a fire than a cigarette, however it is common knowledge and common sense that each year many thousands of fire are caused in the Netherlands with a cigarette.  In these circumstances the judges are using the accidental or random nature of a cigarette fire as evidence to convict the Defendant.  Is it the case in the Netherlands that a defendant has to prove that a common and well known type of accident is possible?  In fact the tests done by the Dutch Government Laboratory in 1996 proved exactly this point and a cigarette did ignite the bed clothes.  It thus appears that the judges of the Court of Appeal in Den Bosch need not only proof of innocence, but absolute 100% proof and certainty of innocence before they are prepared to acquit a defendant.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

28

All experts, so the court states, agree it to be incomprehensible that, having regard to the pain caused by the serious fire-wounds of the victim Davies, that she did not try any earlier to escape from the fire, which would have been reasonable in this scenario.

 The judges were at all times aware that as shown by the substantial evidence and diagrams submitted in evidence by Dr. Hertum that the limited second degree burns sustained by Suzanne were consistent with a bed fire in which she woke up and left the room.  The burns were not consistent with an explosive and all consuming fire that would have produced extensive third degree burns and would not have allowed Suzanne time to escape to another room.

 The logic of the judges is irrational as clearly not one victim of any accidental fires would not seek to escape as soon as possible, yet each year in the USA some 5,000 victims of smoking-related fire accidents fail to escape the pain in time, in the United Kingdom each year over 3,100  fire victims result from people smoking and in the Netherlands there are some 800 such causalities per year.  Thus the logic of the judges to suggest that the pain of burns injuries preclude accidental fire victims is entirely lacking in common sense.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

29

As no other cause for this conduct of the victim after the fire arose has become plausible, the Court of Appeal considers it very probable that at the time when the fire arose the victim was in a condition of unconsciousness, ...

 The judges were at all times aware that the condition of unconsciousness stated and described in their decision is commonly known as 'sleep'. The judges were at all times aware that the only reason for the unconsciousness was sleep as (despite the many efforts of the police and prosecution  over a period of 4 years to suppress the forensic evidence in the case) there were 3 series of blood tests done, totalling more than 18 tests, by the Dutch and English government laboratories and by the British Home Office Forensic Science Service and that ALL these test showed that Suzanne had not taken any drugs that might induce unconsciousness.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

30

… in any case a strongly lower consciousness. Nothing points to the victim having herself created this situation; the alcohol contents in the blood indicates a recreational use and no traces of any other means to cause unconsciousness were found.

 The decision of the judges is confused and self-contradictory as within the same paragraph, they firstly say that Suzanne was unconscious, they then say that Suzanne herself could not have created this state of unconsciousness as she had not taken any drugs.  Is the judgment therefore saying that it was impossible that Suzanne simply fell asleep in bed whilst smoking and thus that Suzanne's state of unconsciousness must have been caused by magic?   

 These statement by the judges lack any notion of common sense or logic.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

31

On the basis of the facts and circumstances mentioned hereinbefore, the Court of Appeal arrives at the opinion that the fire was intentionally caused in the night of 16 to 17 July 1995 in the residence at Steensel mentioned in the indictment.

32

III.        With regard to the possibility that someone other than the accused intentionally caused the arson in the night of 16 to 17 July 1995 in the residence at Steensel the Court of Appeal considers the following.

 The evidence shows that it was impossible for anybody (other than Suzanne herself) to have started a fire.  This is because the house was entirely locked up from the inside and thus nobody, not even the Defendant could have started a fire and then left the premises.  Thus the judgment seems to insinuate the operation of some magic at work whereby the Defendant could have started a fire and then left the premises through solid walls or locked doors.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

33

As appears from the statement to the police by the witness Mrs. Hompes made on 17 July 1995 (which was confirmed by her to the judge conducting her hearing on 4 September 1996) the accused was in any case in the residence at Steensel up to 02h10.

 The judges were at all times aware that the witness Hompes stated that at between 02.00 to 02.10 Hrs she had seen a car at the house.  However the car she witnessed was not the Defendant's car as Hompes identified another make and thus the evidence shows that the Defendant had already left the house at that time and that some other person had parked in the parking space.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

34

 The accused also admitted at the appeal hearing that he had been in the residence until 02h10 and left the house at around that time.

 The Defendant stated in court that the witness Hompes reported seeing a car at the house between 02.00 and 02.10 Hrs and that he must have left the left the house by that time.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

35

It further appears from the documents that the alarm in the residence went off at around 02h38.

This being a burglar alarm and not a fire alarm.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

36

Since the time that the accused left the house until the time that the alarm was activated at most 28 minutes had thus gone by.

 The judges were at all times aware that the house did not have a fire alarm and the alarm that activated was an intruder alarm.  The judges were at all times aware that the house had been burgled a few week before and that often burglars return.  Further the judges were at all time aware that no fire was seen at the house until 03.41 hrs. and that between 02.00 and 02.40 hrs there were staff and patrons at a cafe within a few metres from the bedroom; that at 02.41 the cleaning lady (the registered keyholder) and her husband were telephoned (by the burglar alarm company) that the alarm had sounded and thus they were inspecting the house; that at 02.47 hrs. 2 policemen arrived and inspected the house; that witnesses saw other people near the house or in the garden; and that the house was on a round-about of a major road and in particular the windows of the bedroom are visible from over 500 metres along the main road and that at that time there would have been about 200 pedestrians and motorists who would have precisely seen the windows of the room in which the fire occurred and that none of these witnesses saw any fire before 03.41Hrs.  At  03.41Hrs the Applicant was in Brussels.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

37

If one were to consider the possibility that a person other than the accused had caused the fire, then that person would within such brief period of time, knowing that the accused would leave the house, need to have intruded the house and subsequently to have placed inflammatory fluids in various places, and then to sprinkle these fluids and to also cause the victim S. Davies to become unconscious or to lower the level of consciousness.

 The judges of the Court of Appeal in Den Bosch clearly believe in the existence of magic, how else could the Defendant achieve the suspicions voiced by the judges?  Firstly the Defendant allegedly placed in inflammable fluids in the bedroom without Suzanne smelling the liquids, these fluids did not cause any environmental traces to the present anywhere, expect on the carpet samples which were fabricated by the police - thus one has magical inflammable fluids that only appear magically on the carpet after it has been removed from the room.  Then the Defendant causes Suzanne to become unconscious in an entirely unknown magical way, without the use of any drugs, and yet that would allow her to wake up at the first sign of fire and retreat to another room.  Then the Defendant uses magic to exit the house after having locked it up from the inside.  Then the Defendant magically hides the existence of an explosive and raging fire from over 20 witnesses, including neighbours, the cleaning lady and her husband, 2 policemen, and over 200 passers-by and motorists whom would have had a direct view of the house and the windows in which the fire raged.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

38

In the absence of any indication based on the documents and what was raised at the investigation at the hearing the Court of Appeal considers this possibility completely improbable.

 Finally the judges are seeking documentary evidence of the non-existence of magic as they clearly believe that before the Defendant can suggest an accidental cigarette fire caused by smoking in bed he first has to disprove the judges belief in magic.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

39

IV.       With regard to the possibility that the victim committed suicide in the residence at Steensel by causing a fire in the night of 16 or 17 July 1995, the Court of Appeal considers the following.

On the basis of the documents and the examination at the hearing there is no indication that points to the possibility that the victim caused her death in this gruesome and extremely painful way.

None of the witnesses heard have mentioned that she was in such a frame of mind.

 The judges were at all times aware that very many witnesses had stated in their testimony that Suzanne had for many years been psychologically unstable and exhibited self destructive tendencies and attention seeking behaviours.  Indeed in the statements of Suzanne's parents, friends and acquaintances had testified that Suzanne had (before she met the Defendant) been hospitalised during a self-destructive episode that endured several months when she almost died, that she had been addicted to various drugs, that she had an attention seeking personality, and so forth.  Furthermore the judges were at all times aware that the police had suppressed evidence from Suzanne's doctors, psychiatrists, former husband and partners and so forth. The judges were at all times aware that the police had refused to produce Suzanne's financial records because that showed her to be in considerable debt and thus psychological pressures. The judges were at all times aware that the police had refused to obtain Suzanne's medical records and psychiatric history because this showed her to be psychologically fragile.

 The judges of the Court of Appeal are here once again being economical with the truth. Whilst the many blood tests showed that Suzanne was at the time of the accident not intoxicated with any drugs that might have caused unconsciousness, nonetheless the blood tests conducted on the 13 February 1996 (and entered into evidence in the court file) by the British Ministry of Defence Institute of Pathology and Tropical Medicine found previous usage of Stimulants (Amphetamines) and the Hallucinogen Phencyclidine.  See at 15.15 d.

 The positive indications for Amphetamines were low and ambiguous and showed that whilst Suzanne was still taking drugs, as she had done for most of her adolescence and adult life, she had not taken any on the night in question.

 The indication of Phencyclidine shows a drug that has ‘a reputation for causing anti-social, violent behaviour’. [1]   Phencyclidine is frequently smoked in cigarettes soaked in it.  This must have been the method used by Suzanne because the toxicology reports show no indication of the drug in the stomach.  Phencyclidine use is associated with suicidal and para-suicidal gestures. The prosecution’s own expert witness, Prof. Klasen in his paper ‘Attempted suicide by means of burns’ notes the connection between drug use and suicide and para-suicidal gestures. See at 15.15 d. 

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

40

Also taking into consideration the circumstance that the victim, shortly before the fire, around 00h15, still talked over the phone with her brother Simon Davies in connection with his arrival that day and there she did not appear when making this telephone call to be in a despondent mood, the Court of Appeal considers that this possibility of suicide must be excluded. 

 The judges were at all times aware that in fact Suzanne's brother Simon Davies had stated in a written statement that Suzanne had told him that she thought of suicide.  Further the judges were at all times aware that he stated that during his telephone conversation with Suzanne she appeared 'high'.  It is evident (from the toxicology evidence) that Suzanne was not 'high' on alcohol or narcotic drugs and thus her psychological state at that time was emotional, agitated, volatile, excited, et cetera. The judges were at all times aware that these symptoms are an indication of psychiatric disorders.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

41

On account of the evidence and what has been considered hereinbefore, the Court of Appeal is of the opinion that it cannot be otherwise than that the accused, in the night of 16 to 17 July 1995 in the residence at Steensel mentioned in the indictment, intentionally and with premeditation robbed his then wife S. Davies of her life with the said intent by causing a fire in that residence.

42

The Court of Appeal considers, in so far as this is concerned, it not to be without significance that the accused, who had agreed to take the victim out in Amsterdam on 15 July 1995, had kept silent,

as appeared at the hearing, that he, before joining her would go to the house in Steensel and that he subsequently was a few hours in the residence at Steensel during that afternoon, which he admitted at the hearing on appeal and that he so had, ...

 The judges were at all times aware that the Defendant had not 'kept silent' about the fact that he had been to his house on the 15 July, he had stated this many times to the police and this was recorded by the police; further the judges were at all times aware that the Defendant's presence at the house had been monitored by the intruder alarm system (that the family had had installed a few weeks previous because of the burglary) and recorded on the system's control centre computer; further that the Defendant had parked his car in clear view outside the house during his time at the house; further that the Defendant had good reason to be at the house in that he was installing Suzanne's computer system in preparation for the visit of her brother on 17 July; further that the work that the Defendant was doing at the house on Suzanne's computer system was evident and not disputed by the police.  Furthermore the police’s own photographs show the work the Applicant was undertaking at the house.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

43

… so the Court of Appeal establishes, every opportunity to prepare the arson intended by him.

 The judges were at all times aware that the cleaning lady (Moorens) had keys to the house and thus could have entered the house at any time and thus discover the alleged sprinkled turpentine.

 The judges were at all times aware that had the Defendant sprinkled turpentine in the room then Suzanne herself would have smelt the turpentine.

 The judges were at all times aware that had the Defendant sprinkled turpentine on the bedroom carpet over 30 hours before the fire then the turpentine would have soaked into the concrete floor beneath the carpet.

 The judges were at all times aware that the alleged evidence of turpentine on the carpet samples were actually fabricated by the police.

Here again, the judges of the Den Bosch Court of Appeal demonstrate Judicial Corruption.

44

Punishability of the proven facts:

No circumstance has become plausible which excludes the punishability of what has been proved, which is an offence punishable pursuant to section 289 of the Criminal Code and must be qualified as mentioned hereinafter in this decision.

Punishability of the accused:

No circumstance has become plausible which excludes the accused's punishability.

The accused is therefore punishable.

Reasons for the sentence to be imposed:

In determining the punishment to be imposed the Court of Appeal has taken into account the nature and seriousness of what has been proved, the circumstances in which what has been proved has been committed and the personality of the accused as this has appeared at the investigation at the session.

In the Court of Appeal's opinion it is not possible to impose a different or lighter sanction than a sentence which results in unconditional imprisonment for the duration to be mentioned hereinafter

The Court of Appeal is of the opinion that an unconditional fifteen year prison sentence would be fitting but in connection with the established violation of the accused's right to a public hearing of his case within a reasonable period the Court of Appeal will impose the sentence mentioned hereinafter.

The statutory provisions applied

The sentence is based on sections: 10, 27 and 289 of the Criminal Code.

D E C I S I O N 

The Court of Appeal:

Quashes the judgment a quo insofar as this is submitted to the Court of Appeal and adjudicates the matter anew to such extent.

Declares, as is considered hereinbefore, that count 1 of the primary indictment has been lawfully and convincingly proved and, it not having been proved that the accused was guilty of anything more or else, acquits the accused thereof.

Declares that what has been proved constitutes: "Murder".

Declares the accused to be punishable.

Sentences him to a 13-year prison term.

Orders that the period during which he has been detained and held in preliminary detention in the Netherlands prior to execution and the time during which he was detained abroad in accordance with a Dutch extradition request to be deducted when the imposed prison sentence is executed.