“After the closure of the investigation and deliberations, it appeared that the investigation was not complete”, wrote the court. The court summons the public prosecutor R. Smits as witness in regard of the following: decision for prosecution and measures of constraint. The court wants to know under which facts and circumstances the public prosecutor decided to apply criminal proceedings against the suspects based on the law intellectual property fraud (2002/A/004).
In particular, it concerns the facts and circumstances between the moment whereupon the foundation BREIN assigned their dossier to the DoJ on 22 November 2004 and the consultation that took place on 15 December 2004 between team-leader C.P.J. Braam from the FIOD/ECD and the public prosecutor Smits regarding the decision not to arrest the suspect (Adi) red-handed.
Furthermore the court states that the public prosecutor Smits is also going to be questioned regarding which facts and circumstances led to a fair presumption of guilt for the use of measures of constraint on the suspect on 16 December 2004 on account of the article 31B from the copyright law 1912.
Last but not least, the court wants a complementary rapport from the expert dr. ir. J Pouwelse which involves 3 extra questions.
All in all this court decision could very well lead to the final judgment concluding the suspects unfit to plead because of the terribly unjust raids and lack of genuine investigation. Is the world finally going to see the major mistakes the DoJ is covering up? Hopefully it won’t take another 6 years to get this simple truth outside.