Alinea 46 Parket bij de Hoge Raad 20 december 2011

"Furthermore, in drawing adverse inferences, it cannot be said that the trial judge exceeded the limits of fairness since he could properly conclude that, when taxed in custody by questions as to his whereabouts at the material time or the presence of fibres on his hair and clothing, the applicant could have been expected to provide the police with explanations. It is to be noted that the applicant had been stopped by the police not far from the scene of the crime and had volunteered an explanation of his movements. However, he held his silence after being taken into custody. For the Court, the presence of incriminating fibres in the applicant's hair and clothing called for an explanation from him. His failure to provide an explanation when questioned by the police at Gough Barracks could, as a matter of common sense, allow the drawing of an adverse inference that he had no explanation and was guilty, all the more so since he did have daily access to his lawyer following the first twenty-four hours of his interrogation when he was again questioned about these matters under caution. Moreover, the applicant did not contend at his trial that he remained silent on the strength of legal advice."

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