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Man shoots justice of peace and clerk in Brussels

Court killings were revenge for an eviction three years ago
© Belga

He was evicted from his apartment and has had no fixed address since. He bought the gun he used to kill Brandon and her court clerk, André Bellemans, shortly after his eviction. According to one report, he made verbal threats of revenge at the time of the judgement. The incident happened at 11.20 on Thursday, 3 June, in the courtroom of the fourth canton of the Brussels small claims court, which is presided over by justices of the peace. The court is situated on the Ernest Allardstraat in the shadow of the Justice Palace.

According to witnesses, AFV had been present throughout the morning’s cases. Then without warning, he approached the clerk of the court and shot him in the head. He then fired on judge Brandon, calling out: “Do you still remember me?” Both victims died before emergency services arrived.

The shooter then fled towards the Zavel, pursued by a lawyer, but he managed to escape. He was finally apprehended at 19.20 in Warandepark. The arrest was witnessed by interior minister Annemie Turtelboom, finance minister Didier Reynders and by a camera crew from the VRT which had been in the vicinity to catch the exit of ministers from a cabinet meeting in the nearby parliament. The suspect was overpowered after witnesses reported him firing three shots in the air and pointing his gun at police.

The double killing was “a blow to the very heart of the justice system,” said justice minister Stefaan De Clerck. The small claims court in Belgium is empowered to settle disputes in a wide range of matters, including rental disputes, consumer matters, custody and child support. There are 229 such courts in Belgium, run by 187 justices, some of them doing double duty in more than one court.

An important aspect of the small claims court is its responsibility to attempt to reach a negotiated settlement between parties, to be the human face of justice. This requires it to be easily approached, and, as a result, the small claims courts are not guarded in the same way as assizes courts and, increasingly, correctional courts. The lack of police checks and metal detectors made it easy for AFV to carry a gun into the courtroom.

The absence of any security presence, in addition, without raising anyone’s suspicion. That wasn’t always the case: until last year, each court in the land was staffed by bodes – retired or semi-retired people whose job was to act as messenger for the court, but who also played a role in making sure the parties in any action remained calm and seemed at ease.

According to Alberic De Rouck, a justice and member of the Royal Union of Justices of the Peace and Police Magistrates, the bodes played an “enormously important” role in dealing with frustrations during proceedings and a low-key role in keeping a wary eye on everything in the courtroom.

In December last year, the justice ministry enacted cost-cutting measures, including the reduction in the number of bodes in some courts, completely scrapping them in small claims court. De Clerck denied that bodes had been eliminated but was later contradicted. “The minister obviously doesn’t want the truth to be known,” said justice De Rouck.

De Clerck is now considering increased security in the small claims courts, including surveillance cameras and alarm buttons, but stopping short of armed police and metal detectors. The justices argued that it was important to maintain the proximity of the courts to the people.

The suspect is now on suicide watch in prison. He has been charged with two counts of manslaughter, but the charge could be increased to murder. He is also charged with possession of an illegal firearm. The man, who police said has made a full confession, is a naturalised Belgian of Iranian origin.

Reactions to the shooting

“When they called me at my office to give me the news, I couldn’t believe such a thing was possible in Belgium.” Ghislain Londers, chairman of the Cassation Court and the country’s senior judge

“This was an act of violence in a symbolic place for the rule of law. It goes to the heart of our democracy. Today is a black day in the history of our country.” Prime minister Yves Leterme

“I got to know [victim Isabelle Brandon] as a wise justice. The quality of her work was exceptional, and as a person she was exemplary. This is a great loss for the judiciary.” Bruno Bulthé, chief prosecutor in Brussels

“In fact I was a little surprised that such a thing hadn’t happened earlier. Among ourselves we had often talked about it: how do you react if someone goes completely over the line?” Justice Erik Van Den Eeden, member of the High Council, quoted in De Standaard

“This is a tragic day for justice and for our society. What an irony that it should be a justice of the peace and a clerk – people who seek to win peace out of conflict.” Justice minister Stefaan De Clerck

(June 9, 2010)