Authorities don't have proof that Natalee died
Documents do not contain proof of what happened
Diario Aruba
12/19/2007
On the basis of an additional long and extensive investigation, conducted by a team of Dutch and Aruban investigators, the three suspects were re-detained at the end of November. Their detentions were based on new and serious evidence that was gathered in the last 8 months.
Although the judge shared the opinion of the Public Ministry that there was sufficient new investigative material to justify their re-detention, these detentions did not bring about a definite break in the investigation. All suspects chose to use their right to not give any statement.
Finally, in an appeal by the Public Ministry against the release of the Kalpoe brothers, the Common Court of Justice was of the opinion that the investigation did not show sufficient evidence to conclude that Natalee Holloway died as a consequence of a violent act. It was exactly this suspicion of which the Public Ministry accused the suspects.
After the three suspects were already released, the Public Ministry carefully reconsidered and evaluated all the evidence. They arrived at the conclusion that the file contained insufficient evidence to prove, in front of the Court of Justice, that a violent act was committed against Natalee Holloway or that her death was caused by an involuntary act by any of the suspects. There was also insufficient proof as to what concerns a sexual crime (zedendelict).
The Public Ministry is convinced that if they proceeded with a criminal prosecution of the suspects for the mentioned acts, this would have resulted with a vrijspraak (acquittal). Given this line of thought, the Public Ministry could not decide to criminally prosecute.
Although the Public Ministry has and is looking at the possibilities to prove that Natalee Holloway has died, the fact that her body was never found presents an important limitation in the possible reconstruction of the facts. The current criminal file, also for this reason, does not give sufficient answers as to the question of what punishable acts took place on the night of the disappearance of Natalee Holloway, and it doesn’t have answers as to the question of what exactly were the roles of the suspects.
The Public Ministry and the investigative team are convinced that after the investigation that has been conducted since April of this year, they have sufficiently determined that all other scenarios that have been considered in the last 2½ years and in which the three suspects are not included are improbable or, with the current investigation results, excluded.
With the press release of no more criminal prosecution, the Public Ministry dismisses the cases against the three suspects with regards to the facts related with the preliminary judicial investigation and their detentions. This does not mean that if they are able to find solid evidence in this case, that the criminal prosecution is no longer possible. Criminal prosecution is possible until the punishable acts that have been mentioned become too old. For voluntary manslaughter (homicidio culposo - dood door schuld), the term is 6 years from the date of the punishable offense. For homicide (homicidio - doodslag), the term is 12 years.
The Public Ministry is aware that after losing their child and not being able to find her, the results of this investigation has been difficult for the parents of Natalee Holloway. It is for this important reason, amongst others, the Public Ministry and Police made all efforts in the investigation, which was exceptionally long and intensive, to resolve the disappearance of the youngster and went to the depths of the arsenal of criminal instruments [available to them].
Despite the fact that this work did not bring a solution to this case, the Public Ministry and Police are of the opinion that they did all that was in their power to be able to bring clarity to the case, which was the right decision to take.
The Public Ministry will give more explanations regarding this decision and will give the opportunity to ask questions during a press conference
[translated by Getagrip]
