Our reporters Jordi Versteegden and Saskia Belleman are also present in court to report on this second day. Follow all the news surrounding this second day of the hearing in our live blog at the bottom of the article.

According to lawyers Geert-Jan and Carry Knoops, it appears that there was a conscious act of revenge by the victim’s mother to harm Borsato, and she would have sent her daughter to report the incident. “That was not a spontaneous decision, as the complainant said.”

During the second day of the criminal trial, it sometimes seemed to focus mainly on the role of the alleged victim’s mother, rather than that of Borsato. Carry Knoops: “She slowly pulled everyone into her trap and it was difficult to escape from that.”

Geert-Jan Knoops: “The fact that the daughter did not report it sooner because she feared that her mother would lose her income is complete nonsense. Only when she was led to believe that Borsato had caused more victims was her mother persuaded her.”

Marco Borsato appealed to loose sexual morals

During the first day of the trial, Borsato regularly referred to the loose sexual morals within the girl’s family. According to his lawyers, there is no question that Borsato got carried away by this. On the contrary.

He is said to have regularly confronted both mother and daughter about “inappropriate clothing” and the mother about her parenting style. Just like other friends did. “But then they were put in their place very hard.”

According to Geert-Jan Knoops, the Public Prosecution Service’s conclusion is incorrect that Marco Borsato admitted the fornication during a four-hour “bag on the table conversation” with the mother. The lawyers had legal psychologist Peter van Koppen analyze the conversation.

‘Marco Borsato focused on restoring confidence’

He concluded that “Borsato tried to spare no expense to prevent an escalation. He mainly focused on restoring trust.” According to Knoops, the conversation indicates that Borsato put his own interests aside out of genuine concerns about the daughter.

The fact that Borsato did not “categorically” deny the allegations, to the surprise of the Public Prosecution Service, is not relevant, Knoops thought. “I cannot imagine that there is a legal gradation between denial and flat-out denial,” says Knoops. “What kind of constitutional state do we live in if simply denying is seen as a confession?”

The defense stated that the diary in which the girl allegedly described the fornication is not authentic. The Public Prosecution Service uses it as important evidence of support. Experts hired by the Public Prosecution Service found no evidence of tampering, but the defense expert did.

For example, a passage that writes about the fornication “four or six years ago” has been crossed out and replaced by “five months.” In this way, according to Knoops, it should appear as if the girl wrote the passage at the time of the fornication, while in reality it was later.

‘Officers would have put words in their mouths’

The defense criticized the interrogation of the complainant by the police. The officers allegedly put words in her mouth and did not ask sufficient questions. In contrast to the Public Prosecution Service, the lawyers found the girl’s statements far from consistent. The alleged fornication is said to have become increasingly exaggerated.

This afternoon, the prosecutors and lawyers may still respond to each other. The last word goes to Borsato.

This is what you need to know:

  • Marco Borsato is suspected of indecently in 2014 against an underage girl, the daughter of the former fan club chairman.
  • According to the prosecutors, the singer “deliberately exceeded the limits and he places the responsibility for this on the victim”. The Public Prosecution Service demanded an unconditional prison sentence of 5 months.
  • However, according to lawyer Knoops, the expert analysis shows that there was no spontaneous decision by the girl, but one of guidance.
  • The lawyer says that the mother increasingly emphasized the severity of the girl’s touching. At first it was about a hand that was in the wrong place. Later it turned into groping and became more serious.”
  • The lawyers have had the diary reassessed and say that it cannot be ruled out that the text was amended in 2019. Passages may have been changed to make it correct.
  • As far as Knoops is concerned, there is a clear denial from Borsato in the conversation recorded by the mother.
  • The girl’s group of friends also cannot believe the allegations: ‘He is gentle and loving. He will go through fire for his children.’

The fact that the Public Prosecution Service says it believes the victim is also irrelevant, says Knoops. Knoops: “It’s about the evidence.”
The plea is ready. The Public Prosecution Service wants 2 hours to prepare for a response. The case continues at 3 o’clock.

The question of what the victim would gain from reporting the crime is “completely irrelevant,” says Knoops. “That is not the question here. The fact that she suffered a lot of misery, or that she does not ask for money, is not relevant to the question of evidence.”

According to Knoops, the bag-on-the-table conversation has shown that it is more relieving for Borsato than burdensome. And Knoops concludes that there is no legal evidence for the allegations.

Knoops summarizes: The declaration was sent and not prepared spontaneously. There are objective indications that the diary is not authentic and also that the statements of the daughter and mother are incorrect.

According to Knoops, there is a deletion in the diary that is also significant. The words 4 to 6 years, have been changed to 5 months, to make sense that the passage was written earlier.

According to the defense expert, the Public Prosecution Service’s experts “overlooked essential points.”

Passages about Borsato only appear in the 2nd part. According to the expert, it is quite possible that the incriminating passages were written later.

The defense expert saw 2 parts of the diary. In the first part, several types of ink are used, and there are always dates above the text with hearts next to them.

The experts from Lausanne only answered the question of who owned the handwriting in the diary, says Knoops. The defense expert concluded that there is no evidence that it is an authentic diary.

Knoops says that the handwriting expert who engaged the defense “didn’t just take an LOI course, he worked at the NFI for years.” The expert saw things that the other experts overlooked, according to Knoops.

“He should not interfere with her free upbringing,” says Knoops based on the statements of the group of friends about the victim’s mother.

The suggestion that Borsato went along with the family’s mores is far from the truth, says Knoops.

According to Knoops, friends said that their jaws sometimes dropped because of what mother and daughter did. “Then she (the daughter) stood in her bra at a concert.” Knoops: “Does Borsato have to come off stage to say something about it?”

Knoops: According to a witness, the girl’s mother “rebuked her severely” if the friends dared to say something about her upbringing.

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