Dutch witness Koen Herlaar said that in 16 years of experience as a forensic expert, he has never testified regarding “microtraces”. In response to questions from Isni Kilaj’s lawyer, Joe Holmes, about how many of his reports have provided admissible evidence in court, the witness said he did not know, adding that he has never been asked to give oral testimony.
He gave these answers before the session moved into private proceedings and a 30-minute break.
Kilaj’s defence asked the witness about the field of microtrace expertise, seeking to know whether it is a new and underdeveloped field, KosovaPress reports.
He was also asked how many times he had testified in court regarding his expert analyses.
Lawyer: Am I correct in saying that some of the cases you were involved in may have simply been for providing information about possible leads and not for evidence admissible before the trial panel? Please tell me yes or no if you know.
Witness: All reports prepared for investigating judges become part of the documentation of the respective cases. However, whether these reports or expert opinions are discussed in court, I cannot tell you. What I can say is that I have never been asked to give oral testimony, and it is not normal for me to testify regarding my expert reports. It is not standard practice in the Dutch criminal system; usually, we are not required to appear to give oral testimony.
Lawyer: I was not asking you about that, but simply how many of your reports are part of court case files. I believe you have given me the answer, the lawyer said.
This witness, who is the second called by the Specialist Prosecutor’s Office to testify, confirmed that throughout his career he has never testified regarding microtraces.
Lawyer: Is it a fair summary to say that in the 24 expert reports you have written for the Netherlands Forensic Institute over 16 years of experience, you have written only 24 reports and have not been asked or have not testified regarding microtraces?
Witness: Yes.
Lawyer: So you have never been questioned as a witness in this matter regarding microtraces, correct?
Witness: Yes.
Lawyer: Your expertise regarding the microtrace pattern model has never been subjected to questioning except yesterday and today, is that correct, witness?
Witness: Yes, that is correct.
The defence’s questions continued afterward in private session.
Judge Christoph Gosnell said that in the second part of the day the hearing of the third witness would begin in the trial against Hashim Thaci, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuci on charges of obstruction of justice.
