Man acquitted on appeal of burning woman alive in car trunk in 2005
On Thursday, the court of appeal in The Hague acquitted 45-year-old Leon van M. from Brielle of the murder of Caroline van Toledo in 2005 due to a lack of evidence. According to the Public Prosecution Service (OM), Van M. burned the 35-year-old woman alive in the trunk of her car.
Last month, the OM demanded 20 years in prison against Van M. on appeal. The court in Rotterdam sentenced the man to 15 years in prison in 2019, after a demand of 20 years. He has always vehemently denied any involvement in Van Toledo’s death.
Caroline van Toledo was murdered on 3 September 2005. She was driven from her home in Oostvoorne in her car to the Kruininger Gors recreation area. The woman was tied up in the trunk of her car. Van M. allegedly set fire to the vehicle, causing Van Toledo to burn alive.
During the night in question, Van Toledo is said to have walked in on burglars, which led to her horrific death. Her house was also set on fire.
The police first arrested five other suspects in 2005, but this did not lead to prosecution. Van M. was arrested in a renewed investigation in 2007. He was released again in 2008. It was only in 2017 that the suspicion against him again took shape due to a DNA match.
But this did not yield unequivocal evidence. Moreover, there was growing criticism of the research used by some experts, including the Netherlands Forensic Institute. The court concluded that the DNA test contained “too many uncertainties for reliable inferences” and excluded those results from the evidence.
The cable ties allegedly used to cuff the victim formed another pillar of the prosecution’s defense. The police found similar cable ties in Van M.’s parents’ barn. However, the court could not say for certain that they were the same cable ties.
The court also acquitted him of the other charges against him. According to the OM, Van M. withdrew a few hundred euros with Van Toledo’s bank card. But according to the court, it can not be proven that it was he who did it. There was also not enough evidence to convict him of arson in a business premises in Oostvoorne in 2003, the court ruled.
The acquittal sparked an emotional response from some of Van Toledo’s relatives. The court said it understood that the outcome of the case was unsatisfactory.