Jos B. was sentenced to twelve years in prison on Friday for the abuse and whether or not accidentally suffocating eleven-year-old Nicky Verstappen in 1998. The court in Limburg also sentenced him to six months in prison for possession of child pornography. B. immediately announced that he would appeal.
According to the court, the injury found on Nicky proves that the boy was sexually assaulted and the DNA traces on the waistband and at the crotch of Nicky’s underwear indicate that it was B. who stripped and touched the child.
That Jos B. is responsible for the death of the child is also established according to the court, but the judges say that it is not certain whether the suffocation was deliberate or a result of the too tight control of Nicky. The man is responsible for the death of the boy.
However, qualified manslaughter, the concealment of an act by killing someone, has not been proven. As a result, the court has reached a lower sentence than the Public Prosecution Service (OM), which demanded fifteen years if TBS were also imposed or eighteen years without TBS.
After her judgment, the court announced that it blamed B. for keeping silent for so long, while he did have the answers the family had longed for for so long.
The time that Jos B. has spent in pre-trial detention, namely more than two years, is still discounted against the imposed prison sentence.
Cause of death never determined
Nicky disappeared in the summer of 1998. A day later his body was found on the heather. A cause of death has never been established, but it has always been taken into account that the child has been suffocated.
For twenty years, the police and the Public Prosecution Service felt in the dark, until a large-scale DNA investigation in 2018. The DNA traces on Nicky’s pajama pants and underwear turned out to match the traces of B., who had disappeared abroad.
Gerald Roethof, B.’s lawyer, pleaded for acquittal because his client says he found Nicky’s body during a bicycle ride. He couldn’t have done anything more to the child, but he still straightened his pajama pants. That could explain the presence of his DNA, the argument went.
The lawyer immediately announced that he would appeal. The OM will first study the verdict.
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