Kevin Sweeney case
Encyclopedia
Kevin Sweeney is a British businessman convicted in 2001 in the Netherlands
for the murder of his wife, Suzanne Davies by arson
on 17 July 1995. The prosecution offered no motive for the alleged crime and Suzanne's life insurance policies were in trust for the children.
Sweeney was acquitted after a 1996 trial, but the prosecution appealed the verdict (the Dutch legal system permits appeal of acquittals). In May 2008 Sweeney made an application to the Dutch Supreme Court for a re-trial. On 22 August 2008 he was released from jail after serving 7 and a half years of the original sentence of 13 and a half. In the Dutch situation, this is simply a normal early release (good behaviour, no danger to society).
, near Eindhoven in the Netherlands
. On Monday, 17 July 1995, Sweeney had left Steensel at around 2 a.m. because one of his daughters, in the care of a nurse at the Sweeney's other home, was seriously ill. At about a quarter to three, the housekeeper and a policeman walked around the house in response to a report of an electrical failure by the recently installed burglar alarm
. They noticed nothing, no one answered the door, and they were unable to enter the house since the doors were bolted from the inside. At 3:30 a.m., smoke and later fire was noticed coming from an upstairs bedroom window by neighbours and passers by. At 4:00 a.m., Sweeney arrived at his other home about 180 km from Steensel. At the same time, the fire brigade, police and ambulance arrived in Steensel. Davies was found in the dressing room next to her bedroom. The bedroom was full of smoke and a small fire was burning at the foot of the bed. She showed signs of life, but resuscitation attempts failed. Half an hour later she was pronounced dead. The cause of death was carbon monoxide
poisoning.
of the Netherlands, and then to the European Court of Human Rights
, both failed.
The "smoking problem" relates to fires started by smouldering combustion. Fire statistics draw attention to the magnitude of the smouldering as the leading cause of fire deaths in residential areas. More than 25% of the fire deaths in the United States are attributed to smoulder-initiated fires, with similar figures in other developed countries (i.e. New Zealand ).
reported surprise that Sweeney was convicted in view of the flimsiness of the evidence. The Dutch philosopher of science Ton Derksen has studied this case together with four other controversial recent Dutch cases, and argues that the Public Prosecution service is committing the same major errors in all of them.
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
for the murder of his wife, Suzanne Davies by arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
on 17 July 1995. The prosecution offered no motive for the alleged crime and Suzanne's life insurance policies were in trust for the children.
Sweeney was acquitted after a 1996 trial, but the prosecution appealed the verdict (the Dutch legal system permits appeal of acquittals). In May 2008 Sweeney made an application to the Dutch Supreme Court for a re-trial. On 22 August 2008 he was released from jail after serving 7 and a half years of the original sentence of 13 and a half. In the Dutch situation, this is simply a normal early release (good behaviour, no danger to society).
Case
Kevin Sweeney and Suzanne Davies lived with their three children. They had recently bought a new house at SteenselSteensel
Steensel is a village on the Gender stream in the municipality of Eersel, North Brabant, the Netherlands. Steensel is part of the Acht Zaligheden , along with Eersel, Knegsel, Duizel, Wintelre, Netersel, Hulsel en Reusel...
, near Eindhoven in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. On Monday, 17 July 1995, Sweeney had left Steensel at around 2 a.m. because one of his daughters, in the care of a nurse at the Sweeney's other home, was seriously ill. At about a quarter to three, the housekeeper and a policeman walked around the house in response to a report of an electrical failure by the recently installed burglar alarm
Burglar alarm
Burglar , alarms are systems designed to detect unauthorized entry into a building or area. They consist of an array of sensors, a control panel and alerting system, and interconnections...
. They noticed nothing, no one answered the door, and they were unable to enter the house since the doors were bolted from the inside. At 3:30 a.m., smoke and later fire was noticed coming from an upstairs bedroom window by neighbours and passers by. At 4:00 a.m., Sweeney arrived at his other home about 180 km from Steensel. At the same time, the fire brigade, police and ambulance arrived in Steensel. Davies was found in the dressing room next to her bedroom. The bedroom was full of smoke and a small fire was burning at the foot of the bed. She showed signs of life, but resuscitation attempts failed. Half an hour later she was pronounced dead. The cause of death was carbon monoxide
Carbon monoxide
Carbon monoxide , also called carbonous oxide, is a colorless, odorless, and tasteless gas that is slightly lighter than air. It is highly toxic to humans and animals in higher quantities, although it is also produced in normal animal metabolism in low quantities, and is thought to have some normal...
poisoning.
Prosecution
Kevin Sweeney was charged with murdering Suzanne Davies by setting fire to her bedroom in Steensel. He was cleared by the court in Den Bosch of these charges on 24 October 1996. The Public Prosecutor appealed on 6 November 1996, but stated during proceedings on 3 November 1997 that there remained much still to be investigated. The case was adjourned. Fire investigator Peter Reijman made seven attempts at reconstructions of the fire, costing 6 million Dutch guilders. On 6 February 2001, three years and three months later, the appeal continued. The court in Den Bosch found Sweeney guilty and sentenced him to 13 years imprisonment on 20 February 2001. Appeals to the Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of the Netherlands, and then to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, both failed.
Defence argument
The defence argued that the fire evidence was consistent with a mattress fire, caused by smoking in bed. The reconstruction attempts, in which the fire was started using six litres of petrol and a naked flame, yielded quite different fire damage. Witnesses reported that Davies was a smoker. There were cigarette butts in the bathroom, a pack of cigarettes and a lighter on the floor. However the prosecution argued that she did not smoke because no ash tray was found in her bedroom. Moreover, a police fire investigator stated that the idea that smoking in bed caused fire was a myth. The judge did not allow the defence to present data from the Dutch Central Bureau of Statistics which show that this is one of the most common causes of house fires.The "smoking problem" relates to fires started by smouldering combustion. Fire statistics draw attention to the magnitude of the smouldering as the leading cause of fire deaths in residential areas. More than 25% of the fire deaths in the United States are attributed to smoulder-initiated fires, with similar figures in other developed countries (i.e. New Zealand ).
Media coverage
Dutch crime reporter Peter R. de VriesPeter R. de Vries
Peter Rudolf de Vries is a Dutch Investigative Journalist and crime reporter. His television program covers high profile cases and set a Dutch television viewing record. In 2005, he started his own political party which was disbanded soon after.-Early life and career:Peter Rudolf de Vries was born...
reported surprise that Sweeney was convicted in view of the flimsiness of the evidence. The Dutch philosopher of science Ton Derksen has studied this case together with four other controversial recent Dutch cases, and argues that the Public Prosecution service is committing the same major errors in all of them.