Is he present or not? This was the question ahead of the fourth pre-trial hearing in the case against medical student Fouad L. In the previous hearing, the judge had requested his presence to help him get accustomed to the courtroom setting ahead of the substantive hearing. This would also give the victims and their families an opportunity to see him, which could ease some of their tension.
Fouad L. was absent on Monday. “It is his intention to attend the final pre-trial hearing”, said his lawyer. The judge did not compel him to attend the next session.
On 28 September last year, the accused medical student (33) shot and killed his neighbour, her daughter, and lecturer Jurgen Damen. The fear at Erasmus MC that day was immense. It was clear there was a gunman in the building, but his exact location was unknown. No one knew his motive either. Just before his arrest outside the building, L. set fire to the Education Centre using a Molotov cocktail. After his arrest, L. claimed he had acted with full awareness and that he was angry because Erasmus MC refused to grant him his diploma.
Pieter Baan Centre investigation
In an earlier hearing in April, it emerged that the Pieter Baan Centre wanted to conduct a second assessment of L., which is highly unusual. This summer, L. underwent that second evaluation at the centre.
The report was completed last Thursday. According to the Public Prosecutor’s Office, the report contains an extensive statement by the suspect about the events of 28 September 2023. After his arrest, Fouad L. had spoken to the police about his actions once, after which he invoked his right to remain silent.
Two key conclusions were shared by the Public Prosecutor’s Office: the Pieter Baan Centre recommends imposing TBS due to the severity of the violence and the high risk of reoffending. Another conclusion is that his autistic disorder reduces his accountability for his actions.
How the researchers reached these conclusions has not yet been disclosed. Most of the report remains confidential, accessible only to the court, the Public Prosecutor’s Office, and Fouad L.’s defence team. Lawyers representing the victims and their families disagree with this. They want to answer as many of their clients’ questions as possible. For now, they are only provided with Fouad L.’s statement and the conclusions of the Pieter Baan Centre. These comprise chapters 7 and 8 of the report, totalling around fifty pages, the judge explained. “Quite extensive.” According to L.’s lawyer, earlier sections contain detailed information about her client’s entire life. She argues that sharing this would violate his privacy. It is possible that parts of this information will still be discussed during the substantive hearing.
The substantive hearing is scheduled for the last week of January.
