European Court says Dutch appeals court ignored key witness in manslaughter convictions

The European Court of Human Rights concluded that the Netherlands denied Kenneth Brunell and Barry McArdle a fair appeal because the Amsterdam Court of Appeal sentenced them to 13 years for manslaughter without hearing the key Irish witness in person. The witness, identified only as "X," had provided the only detailed account of the defendants' involvement in the dismemberment of Keith Ennis, whose remains were found in a suitcase near an Amsterdam sea dike.

While earlier courts had acquitted the men of murder, the appeal court relied on phone records, DNA evidence and the written testimony to convict them of manslaughter. Experts noted that Dutch courts often depend on written statements, and the European judges called for a review that would allow the defendants to request a reopening of their cases. Both men’s lawyers said they will seek a review, and the Dutch government has not commented.