Press release by the Aruban Public Prosecutor’s Office
Natalee Holloway Case Dismissed
Natalee Holloway Case Dismissed
Tuesday, Dec 18, 2007 - 11:33 AM
Source: NBC 13 Staff
From a press release by the Aruban Public Prosecutor’s Office:
The office notified the three suspects in the case of the disappearance of Natalee Holloway, 24 year old D.S.K., his brother, 21 year old S.S.K., and 20 year old J.v.d. S., that no charges will be brought against them.
At the same time the American lawyer of the parents of Natalee Holloway was informed by telephone and fax about this decision.
Based on a lengthy and extensive supplementary investigation, executed by a mixed team of Dutch and Aruban detectives, the three suspects were re-arrested by the end of November. These arrests were based on new evidence that was gathered during the investigation of the past eight months. Although a judge shared the Public Prosecutor’s decision that sufficient new evidence was produced to justify the re-arrest of the suspects and keep them in custody. The period of custody did not bring the final breakthrough in this investigation. All three suspects claimed their right not to give any statement at all. Finally, in an appeal of the Public Prosecutor against the early release of the two brothers K., the Court of Appeal ruled that the investigation did not show sufficient evidence to conclude that Natalee Holloway had died due to a violent crime. It were exactly these kinds of crimes the Public Prosecutor held against the three suspects.
Since the release of all three suspects the Public Prosecutor’s Office has diligently considered and weighed all available evidence. It came to the opinion that the investigation did not bring about sufficient evidence to convince a Court of law that a crime of violence against Natalee Holloway has been committed, nor that her death has been caused by involuntary actions by either of the suspects. Neither was sufficient evidence gathered for sexual abuse. The Public Prosecutor’s Office expects that if this case would be tried in court it would lead to an acquittal of all three suspects on these various charges. Given that expectation the Public Prosecutor could no longer press charges against all three. It is contrary to the professional conduct to prosecute someone if the prosecutor himself expects an acquittal.
Although the Public Prosecutor’s Office did see and still sees possibilities to prove that Natalee Holloway is no longer alive, the fact that her body never was found forms an important deficit in a possible reconstruction of the facts. Mainly because of that reason the current police report can not answer the question which crime was committed in the night of the disappearance of Natalee Holloway nor shed light on the exact role of the three suspects in the events.
Yet the Public Prosecutor’s Office and the team of investigators are convinced that after this year’s investigation from April until December, it has become clear that any scenario beyond the one that implicates these three suspects has either been falsified or is proven to be highly unlikely.
By notifying the three suspects that they will not be charged with the crimes that were under investigation by the judge of instruction or for which they have been kept in custody or, two years ago, in pre-trial detention, these crimes now have been dismissed. This does not imply that, if new serious evidence were to be found, this case could never be tried in court again. This is still possible within the statute of limitation. In case of involuntary manslaughter this period is 6 years counting from the day following the crime that was committed. In case of homicide this period ends after 12 years.
The Public Prosecutor’s Office is more than aware of the fact that this result of the investigation is a tough burden to bear for the parents of Natalee Holloway. After losing their daughter they have not been able to bring her back. Because of that important reason, amongst others, the Public Prosecutor’s Office and the Police have gone the extra mile and have exhausted all their powers and techniques, in order to solve the mystery of the disappearance of the girl. It took a lengthy and very intensive investigation where even help from abroad was asked for and received. Despite the fact that with all this we have not been able to solve the case, the Public Prosecutor’s Office and the Police share the opinion that by making the choice to try to do everything that is within their possibilities to bring the case to a solution, they made the right decision.
The office notified the three suspects in the case of the disappearance of Natalee Holloway, 24 year old D.S.K., his brother, 21 year old S.S.K., and 20 year old J.v.d. S., that no charges will be brought against them.
At the same time the American lawyer of the parents of Natalee Holloway was informed by telephone and fax about this decision.
Based on a lengthy and extensive supplementary investigation, executed by a mixed team of Dutch and Aruban detectives, the three suspects were re-arrested by the end of November. These arrests were based on new evidence that was gathered during the investigation of the past eight months. Although a judge shared the Public Prosecutor’s decision that sufficient new evidence was produced to justify the re-arrest of the suspects and keep them in custody. The period of custody did not bring the final breakthrough in this investigation. All three suspects claimed their right not to give any statement at all. Finally, in an appeal of the Public Prosecutor against the early release of the two brothers K., the Court of Appeal ruled that the investigation did not show sufficient evidence to conclude that Natalee Holloway had died due to a violent crime. It were exactly these kinds of crimes the Public Prosecutor held against the three suspects.
Since the release of all three suspects the Public Prosecutor’s Office has diligently considered and weighed all available evidence. It came to the opinion that the investigation did not bring about sufficient evidence to convince a Court of law that a crime of violence against Natalee Holloway has been committed, nor that her death has been caused by involuntary actions by either of the suspects. Neither was sufficient evidence gathered for sexual abuse. The Public Prosecutor’s Office expects that if this case would be tried in court it would lead to an acquittal of all three suspects on these various charges. Given that expectation the Public Prosecutor could no longer press charges against all three. It is contrary to the professional conduct to prosecute someone if the prosecutor himself expects an acquittal.
Although the Public Prosecutor’s Office did see and still sees possibilities to prove that Natalee Holloway is no longer alive, the fact that her body never was found forms an important deficit in a possible reconstruction of the facts. Mainly because of that reason the current police report can not answer the question which crime was committed in the night of the disappearance of Natalee Holloway nor shed light on the exact role of the three suspects in the events.
Yet the Public Prosecutor’s Office and the team of investigators are convinced that after this year’s investigation from April until December, it has become clear that any scenario beyond the one that implicates these three suspects has either been falsified or is proven to be highly unlikely.
By notifying the three suspects that they will not be charged with the crimes that were under investigation by the judge of instruction or for which they have been kept in custody or, two years ago, in pre-trial detention, these crimes now have been dismissed. This does not imply that, if new serious evidence were to be found, this case could never be tried in court again. This is still possible within the statute of limitation. In case of involuntary manslaughter this period is 6 years counting from the day following the crime that was committed. In case of homicide this period ends after 12 years.
The Public Prosecutor’s Office is more than aware of the fact that this result of the investigation is a tough burden to bear for the parents of Natalee Holloway. After losing their daughter they have not been able to bring her back. Because of that important reason, amongst others, the Public Prosecutor’s Office and the Police have gone the extra mile and have exhausted all their powers and techniques, in order to solve the mystery of the disappearance of the girl. It took a lengthy and very intensive investigation where even help from abroad was asked for and received. Despite the fact that with all this we have not been able to solve the case, the Public Prosecutor’s Office and the Police share the opinion that by making the choice to try to do everything that is within their possibilities to bring the case to a solution, they made the right decision.
