ARNHEM – The victim doesn’t stand a chance on November 24, 2022 when he crosses the Zutphenseweg in Apeldoorn on his bicycle: a 31-year-old man from Apeldoorn comes at a speed of more than 140 kilometers per hour, where 50 is allowed. The cyclist is hit and does not survive the collision.
The Public Prosecution Service today demanded a prison sentence of 36 months, 6 of which are conditional, with a probation period of 3 years against the suspect for his reckless driving. The Public Prosecution Service is also demanding a disqualification from driving a motor vehicle for a period of 5 years: “The victim never saw the oncoming car coming at the speed that the suspect was traveling.”
The public prosecutor told the court in Zutphen today that the suspect has no remorse of conscience, something that the suspect prides himself on. For almost six months, the Apeldoorn resident has managed to maintain that it was not he, but his girlfriend, who was behind the wheel that fateful day. The public prosecutor today during the motivation for his sentence: “It is not out of remorse that he finally admits that lie, but only due to good investigative work by the police, as a result of which the net undeniably closed around the suspect and he had no other choice. then admit that he was the one driving.” In addition, a witness reports that the suspect was standing in a café and told him that he would get away with his crime.
The Public Prosecution Service places serious blame on the suspect’s driving behavior, the fatal collision and his attitude: “He is known to the entire Apeldoorn police force as a road pirate and it is generally known that he tries to evade checks by fleeing, with often resulting in life-threatening pursuits. This suspect has done just about everything wrong that he could have done wrong. He considers himself a professional racing driver. Who else but someone who imagines themselves as Max Verstappen would dare to race through built-up areas at 142 kilometers per hour with the car’s safety systems turned off? In addition, he already has a long list of previous offenses, including speeding and driving under the influence.”
The primary suspicion in the indictment is manslaughter. However, the Public Prosecution Service has come to the conclusion that this cannot be proven. The suspect thought lightly with his driving behavior that things would go smoothly. But this does not yet prove intent (and intent is necessary for the qualification of manslaughter). The public prosecutor about that dilemma: “The Public Prosecution Service has thought long and hard about whether it was intent or guilt in this case. In criminal law, in case of doubt about the provability, the most favorable situation for the suspect must be taken as a starting point. Unfortunately, we know too little about what exactly preceded the fatal collision on November 24 to be able to prove that this was intentional.”
He continues: “The suspect raced insanely fast, at 142 kilometers per hour, through the built-up area, in a place where pedestrians and cyclists also have to be taken into account. In any case, this concerns the degree of guilt of recklessness, the most serious form of conscious guilt and there is sufficient legal and convincing evidence for this in the file.”