Woman cleared of abducting baby
7 July 2007, AMSTERDAM — A woman, 33, who took a newborn baby from Peru in 2000 without the proper adoption documents, has been cleared of child abduction.
7 July 2007
AMSTERDAM — A woman, 33, who took a newborn baby from Peru in 2000 without the proper adoption documents, has been cleared of child abduction.
But the court in the eastern Dutch city of Arnhem gave the woman a two-week suspended sentence for biting the boy when he was three.
The presiding judge said it had not been proven that the woman took the baby without permission of the birth mother, even though the defendant admitted taking the baby from Cuzco in Peru.
She also conceded that she obtained an incorrect birth certificate from the local authority in Cuzco. She used it in the Netherlands to support her claim she and her then boyfriend were the biological parents.
The court ruled she could not be convicted of making and using a false certificate because she was formally prosecuted for forgery of a genuine certificate according to Dutch and not Peruvian law.
The type of abduction charge laid against her was not appropriate, the court said, as this involved taking a person to put him or her "under the control of another". The woman cared for the child herself.
No decision was taken by the court on what should happen now in relation to the irregular adoption of the child. Prosecutors said they would study the judgement before deciding whether to appeal.
The woman has spent 102 days in custody awaiting the outcome of her trial. The prosecution asked the court to sentence her to 360 days, of which 258 would have been suspended.
The child's passport, based on the details in the misleading birth certificate, was returned to him by the court.
The Dutch woman was also charged with several counts of assaulting the boy, but was cleared of all but the bite charge. She was further acquitted of planning to use a similar adoption method to get a baby girl.
[Copyright Expatica News + ANP 2006]
Subject: Dutch news