Lucia de Berk, released and waiting for justice
7th March, 2009. Things are finally looking up. The current judge does not believe the entire trial should be done over and has insisted on using a different laboratory for new tests. This one has a much stronger reputation for independence.
On February 5th 2009 in a formal review the local Prosecutor General declared that the whole trail should be done over again, so that "the stone at the bottom is brought to the top" (literal translation). This despite the fact the last hearing had already recommended that this one review the case.
Lucia's representative argued that it wasn't appropriate to get caught up in some kind of halfway house or a compromise to the OM (senior Dutch Powers that Be), but should stick to what really matters. The prosecution's case rested on the assertion that baby Amber was murdered. Today's evidence shows clearly that her death was -without doubt - a completely natural progression of an extremely serious illness. Since this is fact the rest of the OM's "house of cards" (direct quote) collapses into nothing at all and Lucia should therefore walk free. Now.
Whether playing for time, a result of insufficent or nonexistent preparation or other motive this did not happen.
In a radio interview outside the court Meta de Noo said; "the OM should be ashamed of themselves"... "they could have finished this now, today"..... "Lucia wanted to come to court today but (Meta) managed to talk her out of it, I'm not sure if she's strong enough to stand up to the prosecutor general we have here" and "it's scandalous that the PG obviously wasn't fully aware of all the details of this case today, after all that has happened".
Have they learned nothing? Do they not realise that they can not delay the inevitable or that every day they continue to allow this innocent woman to suffer they are also hammering more nails into the coffin of the reputation of the once-proud Dutch justice system?
Apparently not!
Lucia's suffering and that of her nearest and dearest continues....
More news here Lucia's Campaign Site
Lucia de Berk, released and waiting for justice
In a hearing on October 7th at 11:30, the Dutch Powers That Be approved a formal retrial. More news here Lucia's Campaign Site
Lucia was released from prison for three to six months. Thanks to all who helped her get this far. A tacit admission that the deaths of which she was accused of causing were natural.
But it's not over. The Supreme Court has not yet received the recommendation of their Advocate General to reopen the case and they may well reject that recommendation despite the facts. The reason for this is that a scientific opinion or statment, however compelling is not considered a "novum" under Dutch Law. What that means is that despite the erroneous statistics used in her first prosecution, despite the fact that the deaths have been scientifically demonstrated as natural, despite the fact that the Triumvirate found that in some cases the police investigation procedures were incorrect and that much of the impression given in her prosecution was based on unsubstantiated rumours and hearsay and despite the highest levels of the Public Prosecutor's office have recommended that she be freed due to grave doubts........
Despite all of this, the Dutch Supreme Court could choose to do nothing.
It's not over...
but we're getting there
Ben Goldacre: Guardian Bad Science
She's my friend and has been for years. I was going to write my perspective of the history, what happened before and why I know she was not guilty. But the emotional impact is still too great. It has informed every aspect of my life for years and I'm still getting to grips with the idea that we're finally making progress.If her wrongful imprisonment has had such a strong impact on me and my life - and make no mistake it has - then try to imagine how much worse was the impact on her close family.
Meanwhile her transitional legal status means that she is unable to go to the government for financial support in this three months of waiting. If you would like to make a donation - however small - towards her living costs please contact me and I'll provide you with details of the account that the committee campaigning for her release has set up.
Other Links:
If you're an English speaker, I'd suggest you start by reading what Guardian 'Bad Science' columnist Ben Goldacre has to say here.or here's a new synopsis of the case: Six Years of Stupidity, or try the English language Wikipedia entry, Richard Gill's Synopsys and a more comprehensive view, another academic view of the prosecutors fallacy from Columbia University.... there's more. Feel free to do an internet search to find it.
If you understand Dutch, try the Pauw and Witteman show of 14 September 2006. Then there's a podcast of Professor Richard Gill and Björk on VPRO's Noorderlicht radio, 22 May 2007, (be patient, Richard Gill appears after about half an hour, just before Björk's new song). Or try De Wereld Draait Door, 18 Jan 2007: Maarten 't Hart, and Malle Pietje and the Bimbos or the Dutch language Wikipedia entry, Ton Derksen's book, the original campaign site that has been expanded to include a large number of links to TV programmes
Please, please sign . It could mean so much.
Finally, if you think that Lucia's case is an isolated incident, think again and have a look at this Dutch case, involving a British business man who allegedly murdered his wife by a house fire (arson). He was 100 km away, she was known to have smoked in bed, and the doors were locked from the inside........ Justice in the Netherlands .