Prosecutors appeal acquittal for badly injuring minister by knocking him off his bike

The Public Prosecution Service (OM) is going to appeal the District Court decision to acquit a 44-year-old woman who was accused of deliberately causing former Cabinet minister Sander Dekker to fall from his bicycle. A spokesperson for the OM confirmed this after reporting by AD. The incident happened on June 7, 2020, in the dune area of Monster, Zuid-Holland.

Dekker and his partner were cycling fast in the dunes area on the day of the incident when they went downhill at 37 kilometers per hour towards the pedestrians, Aathina K. and her husband. K. was accused of grabbing Dekker by the arm, leading to his fall, the other cyclist told police.

Dekker broke his pelvis, shoulder blade, and collarbone in the fall and suffered a severe concussion. He had 15 fractures in total. He can not remember anything about the accident.

The OM said during the hearing that witness statements recalled the woman grabbing Dekker as he was passing her. According to the prosecutor, this was also clear from the woman's first statement, which she later recalled differently and revised. The act of grabbing the politician was also included in the statement by the cyclist's partner, who was riding alongside Dekker at the time.

However, the District Court ruled last Tuesday that it could not be proven that K. intentionally injured the man. The court also said that prosecutors did not prove that K. acted with recklessness, either intentionally or inadvertently.

"The verdict did not clear up why the court has not taken the partner's statement into account but did follow the statement that was amended later by the suspect," the OM said. Prosecutors recommended 240 hours of community service and a six-month conditionally suspended jail sentence for the woman, who resides in Monster.

K.'s lawyer, Peter Spaargaren, thinks the OM's decision to appeal is disappointing. "The court has reached a clear verdict and simply said that there is not enough evidence," he told the AD.

After the verdict, Dekker said he was "very emotional" when asked about the case and the verdict.