Judge Tamara Tijhuis found it proven that suspect O.A.M.K. (30) had killed his victim by stabbing him twice in his chest. But considering the circumstances under which the fatal incident had taken place, the defendant would no longer be prosecuted, the judge said. Documents for the suspect's immediate release from detention were issued immediately after the verdict was handed down.

 

The defendant, a security officer, had turned himself in to the police on the day of the incident, claiming he had acted in self-defence. The victim died at the hospital after being stabbed in his chest with a knife.

The Judge considered it proven that the defendant had been confronted with an angry and aggressive man who had exerted excessive violence on him.

 

The Judge dismissed the defendant's self-defence plea, because he had not been in an immediately life-threatening situation when he had inflicted the fatal stab wounds, but had come to his ex-girlfriend's rescue.

 

However, Judge Tijhuis agreed with the Prosecutor's Office that the defendant had been confronted with an "oppressive" and "threatening" situation in which he had failed to escape from his angry and aggressive assailant, and in which his ex-girlfriend had made an urgent appeal for his help after the assailant had turned his anger on her.

 

This situation caused such "severe agitation" that the court found it "justifiable" that the defendant had "overstepped the limits of a necessary defence." This led the Judge to the conclusion that the defendant was not guilty as charged and should be released from prosecution.

 

)The Daily Herald)