News report | 16-12-2025 | 09:30

The Public Prosecution Service (OM) has decided not to file an appeal against the verdict of the Midden-Nederland court of 4 December. The OM expects that there is a very small chance that the Court of Appeal will convict in the appeal case.

The court considered in the criminal case whether there was sufficient lawful and convincing evidence to prove that Marco Borsato committed indecent acts with a minor between September 2014 and January 2015. The OM demanded five months imprisonment. The court acquitted Marco Borsato due to insufficient evidence.

Reliable Statement

After studying the verdict, the OM concludes that the court views the case differently on two important points. The first point concerns the reliability of the complainants statement. The OM remains convinced of its reliability. However, the court only states that this report is not unreliable and does not give a final judgment on the reliability.

Supporting Evidence

The second point concerns the supporting evidence. If a suspect denies in a sex offense case, it is examined whether there is evidence supporting the statement of the complainant (or suspect). In this case, the supporting evidence presented by the OM consisted of witness statements, WhatsApp messages, audio recordings, observed emotions, and diary entries.

The OM looked at how the different pieces of evidence support each other. The court chose to assess the evidence separately. The court then concluded that there was no supporting evidence. Although the OM does not share this conclusion, the court has legally substantiated its judgment on the evidence on every point.

Further Investigation

The OM does not consider further investigation useful, as the possibilities to collect supporting evidence in this case have already been exhausted. This means that the Court of Appeal, in a possible appeal, must make a decision based on the same file.

Taking all this into account, the OM estimates the chance very small that the Court of Appeal will reach a conviction. Therefore, no appeal will be filed.