The Brussels police officer who caused the death of Fabian (11) by ramming him off his scooter with a police car in Parc Elisabeth in Ganshoren last Monday did "not act proportionately," according to Brussels Public Prosecutor Julien Moinil.
The officer (26) who was driving the car has been arrested on suspicion of malicious obstruction of traffic resulting in death – which, theoretically, means he could get sentenced to 20-30 years in prison.
"Committee P (the independent police oversight body conducting the investigation) has been working day and night to gain insight into the circumstances as quickly as possible," said Moinil during a press conference.
Officer's cell phones seized
The officer has been arrested. Contrary to earlier reports, he is not in prison but at home with an electronic ankle bracelet. The colleague who was sitting next to him has not been charged pending further investigation.
"It became clear fairly quickly that there are contradictions between what the officers are saying and the objective facts," he said. "Searches were carried out, and their mobile phones were seized to gain insight into the conversations they had after the accident."
Additionally, preliminary conclusions from the investigation show that the police vehicle's blue lights and siren were not activated during the chase, and that the police car was travelling at more than 40 km/h in the park – where vehicles are not allowed.
Silent march in memory of the 11-year-old Fabian who died last Monday after he was chased and hit by a police car. Credit: Belga/Nicolas Maeterlinck
"A major question remains unanswered: did the boy fall and then get run over, or did the police vehicle first hit him, after which he fell and was run over? We absolutely must determine that," Moinil said.
He added that initial witness statements indicate that he was run over, and the medical examiner also concluded that he died as a result of his head being hit by the vehicle. "There is no doubt that they had no intention of killing the boy, but they did want to intercept him at all costs."
Importantly, Moinil stressed in the minutes leading up to the incident, Fabian had not committed any traffic offence that could have justified a pursuit. "He was just riding his scooter, there was no aggression, and he was certainly not a drug runner."
Two other investigations
During the press conference, Moinil was accompanied by Kathleen Stinckens, chair of the Comité P police oversight body. Last week, the committee conducted an investigation into the exact circumstances of the tragic incident.
"Let this tragedy not become the trial of the Brussels police," said Moinil. "The vast majority of the force are men and women who work in difficult conditions in Brussels. They have to enforce the rules; it is the task of the judiciary to intervene when things go wrong."
In addition to the investigation into Fabian's death, the Public Prosecutor's Office has also opened two separate investigations; one into the type of scooter the boy was riding, and one into the press leaks.
The scooter Fabian was riding was made by a Chinese brand, and the investigation must now determine whether Belgian and European laws were followed. "These scooters can sometimes reach speeds of up to 90 km/h, while the maximum speed limit is 25."
Comité P's Kathleen Stinckens and Brussels' King's Prosecutor Julien Moinil. Credit: Belga/Marius Burgelman
On Tuesday, the economic inspectorate raided the seller's premises in Brussels: more than €60,000 and small quantities of drugs were seized, and the shop was sealed off.
Lastly, Moinil denounced the leaks in the press, especially the publication of the first official report. "I cannot accept that. It contains confidential information. It is unacceptable that Fabian's family has to read about these matters in the press while they are abroad."
Fabian's family buried him last Monday in Caharasani, a village in south-eastern Moldova. Moinil will meet with the family in person on Thursday.
