Little Mawda, a 2-year-old Kurdish girl from Iraq, died during a chase between the police and a van carrying migrants on the E42 highway. It was on the night of May 16 to 17, 2018.
1. The Mons policeman: one year suspended
The Mons criminal court ruled that the fatal shooting was accidental. However, he is of the opinion that the police officer committed a fault by using his weapon against a fleeing vehicle and that this fault was directly linked to the death of the little girl. He is therefore guilty of manslaughter for want of precaution or foresight.
The court also holds that the police officer never varied in his hearings, declaring that he had pulled towards the tire of the van to cause a slow puncture. In addition, as soon as the chase was over, he declared that he had fired a shot, so he did not try to cover it up. For the court, the civil parties are wrong when they state that the shooting could not have been done accidentally. However, the court adds that the consequences of a shooting were foreseeable and out of proportion with the objective of stopping the progression of a vehicle. The lack of adequate training is not likely to erase the fault committed by the police officer, especially since his behavior was contrary to the law on the police function. The lack of such training should have prompted extra caution. His business of targeting the tire was risky at such a speed, at night, according to the court.
According to the court again, his version does not lack credibility. It is supported by several elements of the file, in particular by the fact that the blow started when the police vehicle was struck by the van traveling at high speed. The police officer’s colleague attests that the latter was aiming at the bottom of the van, which zigzagged at the time of the shooting.
The police officer, author of the fatal shot, therefore receives a one-year suspended sentence of three years and a fine of 400 euros. The court refused the preferential measure pleaded by the police’s defense in order to avoid a risk of trivialization of the act committed.
2. Jargew D., the driver of the van: 4 years firm
Jargew D., the driver of the van transporting the migrants, was sentenced to four years in prison for a nasty obstruction of traffic and an armed rebellion.
The Mons Criminal Court has no doubts that Jargew D. was indeed the driver of the van which tried, on several occasions, to send police vehicles, as well as other vehicles, into the background. during the chase. His genetic fingerprint was found “in large quantities” at the front of the vehicle as well as on various elements placed at the front of the vehicle.
Jargew D. is also in a state of recidivism after being sentenced, on July 8, 2016, by the criminal court of Dunkirk (northern France).
3. Rasol DA, tried as a smuggler: acquitted
Rasol DA, for his part, was wrongly considered as the escort by the public prosecutor. He was acquitted.
The court ruled that there was not enough legal evidence to say that Rasol DA was a co-perpetrator of a nasty traffic obstruction and armed rebellion. His only implication was based on the statement of an anonymous witness. He is therefore acquitted as pleaded by his lawyer, Me Frank Discepoli. Rasol DA, however, faced a seven-year prison sentence.