March 19, 2023 at 05:01
Marco Borsato is acquitted in the case of The voice of Holland due to lack of evidence. But what does that mean? And what does the prosecuted Ali B mean by “mediation talks” with the women who reported him? We answer your most frequently asked questions.
Borsato will not be prosecuted due to lack of evidence. But what exactly does that mean? And does lack of evidence mean that a suspect is innocent?
If a victim of a crime reports this to the police, they will start an investigation. In that investigation, the police collect evidence. These are, for example, the reports of victims and statements of witnesses. But also evidence that is found during house searches or on a telephone (messages, mail, photos and videos).
Once the police have collected all the evidence, it will be reviewed by the Public Prosecutor. It decides whether the suspect will be prosecuted and must therefore appear in court. There is a lack of evidence if, for example, there is only a statement from the victim and no further evidence to support the statement.
If there is insufficient evidence, the court will not reach a conviction. Therefore, in that case, a public prosecutor will decide not to prosecute. We call that dismissal.
It is not the case that you can assume that a suspect is innocent in the absence of evidence. If the police finds insufficient evidence, the suspect may not have committed the crime. But it may also be the case that it did happen, but that the perpetrator left no traces of it.
What is the difference between dismissal and acquittal?
As explained above, the Public Prosecutor will dismiss a case for lack of evidence. This means that a suspect does not appear in court. If the public prosecutor decides to prosecute a suspect, a lawsuit follows. The judge then decides whether the suspect is to be convicted or acquitted.
If, despite the collected evidence, the judge is not convinced that the suspect has committed the criminal offense in question, an acquittal will follow. Is the suspect guilty according to the judge? Then a conviction is the result. The judge then imposes a punishment (for example a prison sentence, community service or a fine).
The dismissal of a case is therefore a decision that a Public Prosecutor takes. The acquittal of a suspect is done by the judge.
What is Mediation? When can it be applied for and by whom?
Ali B said after the report about his prosecution that he is holding mediation talks with the women who have reported him. In mediation, two people have conversations in the presence of someone who guides the conversation, a so-called mediator.
The mediator is independent, unlike, for example, a lawyer who defends the interests of a client. The judge can propose mediation, but the parties involved in a legal conflict can also request it themselves. This can be before, during or after a lawsuit.
A mediation meeting can have different goals, such as finding a solution to a specific problem. The purpose of the conversations that Ali B has with the women is not known. In an Instagram message, the rapper and coach writes that he is the one who requested the conversations. It can also be read that he has asked the Public Prosecution Service (OM) to await the talks.
It is possible that Ali B was hoping to avoid a lawsuit. But the Public Prosecution Service did not wait for the talks and decided to prosecute. The drastic nature of the sexual offenses may have played a role in this.
What is trial by media? How does that affect a suspect and the trial?
Even before a judge has rendered a judgment in a lawsuit involving a famous person, this has often already happened on talk shows and on social media. We call this trial by media.
That negative publicity can result in famous people losing their jobs or having their names dragged through the mud. Therefore, when imposing a sentence, a court can take those consequences into account by imposing a lesser sentence.
In the case of Ali B and the band leader Jeroen Rietbergen, who was also prosecuted, all media attention can also lead to a reduced sentence. But you don’t have to. The judge renders an independent judgment.
Is Marco Borsato’s career over now, even if he goes free?
It is difficult to say anything about Borsato’s career at this stage. The case against him in the Voice investigation has been dropped.
But there is another sexual assault case against the singer, which is separate from The Voice. A 22-year-old woman has filed a report against Borsato. She says she was abused by him from 2014 to 2019. It is not yet known when a decision will be made in that case.
When will the trials of Rietbergen and Ali B take place?
We do not know yet. No hearing date has yet been set for either case. We do know that Ali B’s case is in the stage of direction. This means that his lawyer and the Public Prosecution Service can submit their investigation wishes. For example, they can hear certain witnesses or experts.
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