MAASTRICHT - The public prosecution (OM)in Maastricht yesterday suffered a sensitive defeat in the criminal case against seven suspects of aggravated assault in June 2007 in Geleen. The court ruled that the statements of a "threatened witness" may not be used as evidence. This witness was the only one who gave highly incriminating statements for several suspects, including Stephan P. (32). His counsel Peer Szymkowiak has opposed the granting of 'threatened witness' status from the outset.P. was convicted in November last year of co-perpetrating the manslaughter of Fer Loontjens. The latter died as a result of a violent explosion in a Geleen café during last year's carnival. Four of the seven suspects in that case (two of whom were acquitted) are now also on trial for the earlier assault on the Markt in Geleen, together with three others. On the night of June 9-10, 2007, two men were beaten and kicked near the Hanenhof. According to the victims, the fight erupted after an inappropriate remark about a coat. Witnesses of this assault are reluctant to testify, for fear of the 'group around Stephan P.'. The person threatened was willing to do so, on condition that his identity would not be revealed.

However, the public prosecutor made the mistake of opening a preliminary judicial investigation against an anonymous suspect and not against Stephan P. The court finds this "incomprehensible," according to Chairman Krol: "This violated the rights of the suspect, because he did not have the opportunity to be heard. This concerns a breach of form that cannot be rectified. The only appropriate sanction is exclusion of evidence." Szymkowiak, who had requested this, qualified this decision as "legally entirely correct." Of the seven defendants, three acknowledge that they had a part in the brawl. The remaining four deny, including Stephan P. Today the case continues with, among other things, the prosecution's sentencing.