Community service for fatal accident during Highland Games in Geldrop

A 52-year-old man residing in Belgium has been held responsible for a fatal accident during the so-called Highland Games in Geldrop. He was tasked with ensuring that no one could enter a nearby castle garden during the event. Instead, a heavy hammer was thrown over a hedge, striking an unsuspecting walker. A second suspect has been acquitted of manslaughter.

The competition was held in August 2022 on the estate of Kasteel Geldrop. During the hammer throw event, the hammer veered off course, flew over a tall hedge, and struck a man walking in the adjacent castle garden. The victim died on the spot.

The suspect had been hired as an experienced expert and chairman of the Highland Games Federation Netherlands-Belgium to oversee the event properly. As such, he bore a significant duty of care. It was his responsibility to ensure the safety of participants and spectators. The suspect was aware of the safety aspects. He ensured that fences were available for the throwing ring and inspected the competition venue, approving it. During this inspection, he acknowledged that the adjacent castle garden was not clearly visible due to a hedge several meters high.

After the initial inspection, the suspect should have developed a concrete plan for the safe layout of the competition venue. He should have informed participants, referees, and spectators and provided clear instructions to the organizers and local managers of the castle garden and competition venue. After all, he was the expert and knew the risks associated with such an event. With all his international experience, it could be expected that he would have aligned with the risk analysis, as prescribed, for example, by the Royal Scottish Highland Games Association.

There is no evidence that the suspect ensured that the castle garden was (partially) closed off during the event. In fact, he stated that he saw people walking in the garden during the competition. It could be expected of him that, at that moment, he would have taken responsibility and ensured that the garden would be closed off and that continuous supervision would be maintained.

Acquittal

A man hired for the marketing and communications of the event has been acquitted. There is insufficient evidence that the main suspect pointed out safety risks in the garden behind the hedge to him during the initial inspection or afterward. At the suspect’s request, he placed fences and asked for confirmation that they were adequate. He fully trusted the suspect’s expertise regarding both the layout of the venue and the safety measures. The court ruled that while the man acted carelessly, it was not as serious as the prosecution’s allegations suggested.

Horrible incident

Due to the suspect’s actions, a man lost his life. The victim’s loved ones will be confronted with this irreparable loss for the rest of their lives. The victim’s spouse witnessed the terrible event, which must have been a traumatic experience. The court understands that no punishment can compensate for the grief inflicted upon them. Yet, the court must impose a sentence. In doing so, the court acknowledges that the suspect never intended for this tragic outcome. The accident has also had a profound impact on him.

All things considered, the court, like the prosecution, deems a 140-hour community service sentence appropriate. Of this, 70 hours are suspended because the reasonable period within which the suspect should have appeared in court was exceeded by eight months. The court also intends for this suspended sentence to prevent the suspect from repeating the mistake.

The suspect must pay the victim’s spouse nearly €40,000 in damages. He must also pay each of the children €17,500.

Rulings

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