Onder 13 Gerechtshof Den Haag 10 maart 2017

8. The Court of Appeal is, together with the District Court, of the opinion that the reason for this is that the conclusion in the report is not, or at least insufficiently, supported by the findings of the experts. For instance, page 22 of the report states that the accused possibly also (partly) consciously uses the impression of being naive and verbally deficient, that he makes a rather untrustworthy impression and that he keeps his cards close to his chest. The experts also claim that, in the second interview, a more conscious, manipulative side of the accused becomes prominent, with the aim of sketching a socially adjusted image of himself. The findings of the experts mentioned above correspond with those that the Court of Appeal found during the Court of Appeal session. At the session of 17 February 2017, the Court of Appeal had the impression that the accused also kept his cards close to his chest, that he consciously chose which information he did and did not want to share with the Court of Appeal and that he was beating around the bush. However, this (apparently) calculating attitude on the part of the accused was no longer present when the accused answered questions about his personal circumstances. Therefore, the Court of Appeal cannot see how the accused might, because of his (personality) problems, have been insufficiently capable of foreseeing the consequences of his actions.

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