A jury at the Court of Assizes of in Antwerp has found a 25-year-old man guilty of kidnapping and murdering a 9-year-old boy. Together with another suspected who was acquitted, Alhaj Mahmoud took 9-year-old Daniël from the Broechem Asylum Centre in Antwerp Province 4 years ago. Daniël was later found murdered.
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One suspect found guilty, a second acquitted of the murder of a 9-year-old asylum seeker
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After more than eight hours of deliberation the jury decided that there was “reasonable doubt” as to the involvement of the second suspect, 22 year-old Fahmi in Daniël’s killing. Ali Alhaj Mahmoud risks life imprisonment.
Ali's Alhaj Mahmoud lawyers had not disputed the charges and he had pleaded guilty. Fahmi's defence lawyer denied any involvement on the part of their client and requested his acquittal. After hours of deliberation, the jury saw "insufficient material evidence to conclude his guilt beyond a reasonable doubt."
Sloppy investigation
There has been much criticism about the investigation that is said to have been conducted sloppily with certain elements not having been checked in a timely manner. According to the pathologist assigned to the case it is most likely the murder had been committed by two people. However, “it could not be deduced from the injuries whether they had been were inflicted by one or two people," the jury said.
Ali admitted that he had lured Daniel with a promise of money, but claimed that it was Fahmi who overpowered the boy and smothered him with a T-shirt. The jury found that statement not in accordance with the forensic evidence. Ali's DNA was found on the T-shirt and Daniel's blood was on his jeans. No traces of Fahmi were found at the crime scene.
Fahmi's acquittal was hard for Daniel's family to accept. "This is unjust. This acquittal, means that my son has been murdered a second time," Daniel's mother said.