An 11-year-old schoolboy, Fabian, died in a police chase as he rode his electric scooter through Parc Elisabeth in the Brussels municipality of Ganshoren on 2 June. Three separate investigations have been opened. Here is what is known so far.
Fabian, a young child just days away from his 12th birthday, was hit by a police vehicle at around 17:30 last Monday. Initial findings from the investigation indicate that the young boy was riding an electric scooter when the police vehicle attempted to carry out a check. The boy fled, prompting a pursuit.
The chase began in the municipality of Koekelberg – a street away from where it came to a fatal end in Parc Elisabeth, which is on the border with the municipality of Ganshoren.
During a press conference on Wednesday, Brussels Public Prosecutor's Office Julien Moinil stated that three separate investigations have now been opened into the incident.
First investigation: The death of Fabian
"The first investigation is the most important one," Moinil said. "It is a judicial investigation, meaning an investigating judge is in charge."
The investigation was initially conducted by the local police of Brussels Midi (Anderlecht/Saint-Gilles/Forest), as a vehicle belonging to the local police of Brussels West (Jette/Ganshoren/Koekelberg/Molenbeek/Berchem-Sainte-Agathe) was involved in the collision.
However, that same evening, Moinil decided to hand the investigation over to Committee P (the independent police oversight body conducting the investigation). The reasoning behind this is that one local police zone should not be investigating another one, particularly for such serious offences.
"Committee P worked day and night to shed light on these facts as quickly as possible," Moinil said. "An investigating judge was also appointed because it became apparent fairly quickly that there were contradictions between the initial statements of the police officers and the objective findings of the investigation."
Fabian was days from his 12th birthday when he died. Credit: Family handout.
Searches were carried out, and the officers' mobile phones were seized to gain insight into the conversations they had after the accident.
"The police officers pursued young Fabian solely because he was riding an electric scooter," Moinil said. "In the minutes leading up to the incident, Fabian had not committed any traffic offence. There was no aggression either, and he was certainly not a drug runner."
Contrary to what the police officers involved stated in their initial interviews, their blue flashing lights and sirens were not activated during the pursuit. "This is evident from the initial investigation by the traffic expert and also corresponds with the statements of several witnesses."
At the time of the collision, the police vehicle was travelling at a speed of more than 40 km/h, in a park where pedestrians were present and vehicles are not normally allowed to drive.
According to the medical examiner's initial findings, the boy died because he was run over by the police vehicle, with his head ending up under the tyres.
A sign with 'Fabian, 11 ans, tué par la police' during a silent vigil for 11-year-old Fabian who died after being chased and hit by a police car. Credit: Belga/Mateusz Kukulka
"At least three important questions remain unanswered in the investigation: did Fabian fall and then get run over, or did the police vehicle first hit him, after which he fell and was run over? Did the police have permission to drive their vehicle through the park? And were the police officers sufficiently trained to carry out such a pursuit?"
The officer (26) who was driving the vehicle was arrested on suspicion of malicious obstruction of traffic resulting in death. Theoretically, this means he could get sentenced to 20-30 years in prison. Contrary to earlier reports, he is not in prison but at home with an electronic ankle bracelet.
The police officer who was a passenger in the vehicle also appeared before the investigating judge, but was released and not charged.
"Let it be absolutely clear: there is no doubt that they had no intention of killing the boy. This is not a case of voluntary manslaughter," Moinil said. "But there was an intention to prevent the driver of the scooter from continuing to drive."
Second investigation: The brand of Fabian's scooter
In addition to the judicial investigation into Fabian's death, another investigation is underway into the electric scooter he was riding, Moinil explained.
"Such electric scooters are a very attractive means of transport, especially in an urban context, but they are also very dangerous," he said. Dozens of accidents with serious injuries, even fatalities, involving e-scooters happen every day
"An investigation has therefore been opened into the electric scooter that young Fabian was riding, to determine whether it complied with Belgian and European legislation and whether the conditions of sale for such devices were met."
Committee P's Kathleen Stinckens and Brussels' Brussels Public Prosecutor Julien Moinil. Credit: Belga/Marius Burgelman
As part of that investigation, the police and the economic inspectorate raided a shop in the Porte de Flandre neighbourhood (Molenbeek) on Tuesday, where scooters of the Chinese brand Kukirin were sold – the brand of the scooter Fabian was riding.
"During the raid, €63,450 in cash was found in small denominations, as well as a small amount of drugs," he said. "The company behind the shop had a fictitious registered office in Wemmel (a Flemish municipality just outside of Brussels) and the operator had a reference address at the Public Centre for Social Welfare (CPAS), which is all cause for concern."
The shop has been sealed so that the economic inspectorate can check whether the scooters that were sold there comply with the applicable legislation. "Such scooters are not allowed to travel faster than 25 km/h, but we have several reports showing that they can reach speeds of up to 90 km/h."
Third investigation: The leaks to the press
Lastly, an investigation is being conducted into the breach of professional confidentiality after the first official report on the fatal collision ended up in the hands of the French-language public broadcaster RTBF.
"This is an investigation into the possible responsibility of the police for the death of a child, and I find it particularly shocking that this report was leaked," said Moinil. "It raises a second question about the integrity of the police, regarding the breach of professional confidentiality."
Investigations have since revealed that the report was accessed dozens of times without justification. "It is my job to ensure that documents that are supposed to be confidential remain so."
Moinil also emphasised that he finds it particularly disturbing that Fabian's family, who travelled abroad for the funeral and will not return until tomorrow, had to read parts of the case in the press.
"I am not trying to influence the press; the press must be able to do its job as the fourth estate. It is good and important work," he stressed. "We are not investigating the press, but a lack of integrity within the police force."
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