The Hainaut Assize Court has thrown out a case against a man accused of attempted murder after finding that prosecution and procedural files were poorly preserved.
Nicolas Theodorou was convicted in absentia in 2005 for attempting to commit a double murder on 15 November 1999 in Hensies, Hainaut Province. He had fled to Greece, where he was eventually arrested under a European warrant in June 2022.
He was extradited to Belgium a month later and appealed the decision before the Indictment Chamber, prompting a new trial.
However, the case contains “many unusable items, preventing the parties from exercising their right to a contradictory debate,” the assize court ruled.
The court noted that three investigators and a dozen other witnesses have died, while some experts cannot be located or identified, further impeding a contradictory debate that ensures a fair trial.
As a result, the court, unable to rectify this situation, declared the proceedings against the accused inadmissible.
Court president Philippe Morandini highlighted the “great failure of the Belgian state” for failing to preserve the case files and evidence.
