All convictions in the case surrounding the swimming pool murder can stand. That was the advice of the Advocate General to the Supreme Court on Tuesday, which still has to make a final decision.
The case caused a stir due to a lying crown witness, of whom it is clear that he falsified evidence. That was no reason for the court to consider the process as a whole unfair. The Advocate General understands this consideration.
Last June, the Court of Appeal in Leeuwarden imposed prison sentences of up to fourteen years for the murder of Jan Elzinga. The resident of Marum, Groningen, left for the swimming pool on July 10, 2012 and was shot dead in front of the entrance.
The court established that Elzinga’s then partner Monique H. gave the order for the murder and was assisted by her mother Coby van der L. and brother Marcel H. All received fourteen years in prison. Weapon supplier Johan L. was sentenced to six years in prison.
Lies remained in place for years
They were all arrested in 2021 after Willem P. made incriminating statements about them as a crown witness. It later turned out that he had falsified evidence and that it was due to failures by the police and the judiciary that this remained undiscovered for a long time.
Despite the mistakes, the court did convict all suspects. Wrongfully according to the lawyers of the suspects, who all appealed in cassation.
One of the arguments of the lawyers is that the lies of the crown witness meant that there was an unfair trial. The court should have declared the Public Prosecution Service inadmissible and should not have used any of the crown witness’s statements for evidence.
According to the Advocate General, these defenses will not succeed. As a result, the convictions could remain in place. The Supreme Court will probably make a final decision on October 14.