Woman acquitted of causing former minister's bike accident, leaving him badly hurt

On Tuesday, the District Court in the Hague acquitted 44-year-old Aathina K. of causing former Minister Sander Dekker to fall off his bike and get seriously hurt in the dune area near Monster. According to the court, there was insufficient evidence to demonstrate that K. was intentionally trying to harm Dekker in the incident two years ago. “It also cannot be proven that the suspect was significantly careless or inattentive in her actions,” the court said.

Dekker and his partner were cycling in the Zuid-Holland dunes on 7 June 2022. They were cycling downhill at a speed of 37 kilometers per hour, approaching pedestrians Aathina K. and her husband on the asphalt path, which was 4.40 meters wide.

An eyewitness and Dekker’s partner said that K. grabbed Dekker’s arm, causing him to fall. The former Legal Protection Minister broke his pelvis, shoulder blade, and collarbone and suffered a severe concussion. He had 15 fractures and can’t remember the accident.

In court, K. denied grabbing Dekker’s arm. She said she was unable to move out of the way because of the bushes and was gesturing for the cyclists to be more careful and slow down. She wanted to protect herself, she said, and accidentally touched Dekker with that gesture.

The Public Prosecution Service (OM) had demanded 240 hours of community service and a fully suspended prison sentence of six months against the woman. The OM did not think K. was specifically targeting the former Minister but argued that she had caused him severe bodily injury by acting carelessly. The prosecutor also pointed out that she was walking on the bicycle path instead of the adjacent footpath.

The court noted that K. denied grabbing Dekker and that the witness in the initial report of the incident remains unidentified. “However, it was, and is still, unclear who this witness was and how this witness could have observed that there was grabbing,” the court said.

The court also noted that K. said in her first statement that she had grabbed Dekker. “But the court rules that this statement is not decisive. The officer immediately asked the suspect for clarification, and the suspect then replied that she had raised her arm to the side, at which point the victim hit her arm.”

The court also said that it could not be proven that she intentionally or inadvertently acted with recklessness. The cycling path can also be used by pedestrians, and the situation developed very quickly considering Dekker’s speed at the time, the court said.

In the Netherlands, both the defendant and the Public Prosecution Service can appeal against a district court’s ruling in a criminal case. Should prosecutors wish to have the verdict reviewed by an appellate court, they have to file the case within 14 days.