The Public Prosecution Service today demanded 4.5 years in prison against a 49-year-old Spaniard for causing a serious accident in the hamlet of South Side in Hoeksche Waard on August 27, 2022. Seven people, including an unborn baby, lost their lives and seven others were (seriously) injured.
The local ice club had a festive gathering that day because a new jetty was being opened. During the day, members and locals could go canoeing, and around half past five a barbecue was to start. Tables and chairs and a tent had been set up on the grounds of the club. However, around six oclock, the festive atmosphere turned into a nightmare of unprecedented scale.
The suspect left Spain on Thursday, August 25, and on August 27, he entered the Netherlands from France via Belgium. After unloading a shipment in Ridderkerk, he had to take a detour due to the closure of the A29 and ended up on the Zuidzijdsedijk. He was lost and asked a passing motorist for directions. Then the events unfolded quickly. The truck was stopped at the intersection, and instead of turning, the combination drove down the dike and into the tent where partygoers were barbecuing at that moment. Seven people died, and another seven were (seriously) injured. There was great panic.
Investigation of the Truck
The emergency services arrived quickly and provided first aid to the injured. It soon became clear that several attendees had ended up under the truck and were no longer alive. An extensive investigation was immediately initiated. In the period following the accident, the truck was examined. Among other things, driving and braking tests were conducted, and the overall technical condition of the vehicle was meticulously reviewed. The investigation showed that there was nothing wrong with the truck combination.
Driver Suffers from Epilepsy
The driver was extensively questioned after his arrest. He has no active memory of what happened. A cocaine pipe was found in his truck. The investigation also shows that he regularly used cocaine. Traces of the drug were found in his blood. It concerns a small amount that at that time had no direct influence on his driving ability, but the driver knew that drug use in combination with epilepsy medication could trigger a seizure. He has been suffering from the brain condition for over 30 years.
During his interrogation, the driver stated that he likely had an epileptic seizure. However, during the hearing, he retracted this statement and said that he always feels these seizures coming and that this was not the case on that particular day, so there could not have been an epileptic seizure. He claims to take his medication faithfully, which is why it has been going well for a long time.
The toxicologist, however, raises questions about this explanation. Based on the measured medication level in his blood, it appears that while he takes medication for seizures, or when he feels them coming, he does not always take it properly. The amount of medication in his blood does not correspond to the prescribed amount. The requested Spanish medical file of the driver shows that his own doctor also made notes about this. He also spoke with the suspect about his irregular medication use. The risks of the medications effect in combination with drug use were also discussed during consultations.
A Dutch neurologist conducted extensive research into the medical condition of the suspect, including making a brain scan and studying the translated medical records from Spain, and concluded that he had indeed suffered an epileptic seizure just before the accident. This corresponds with the testimony of witnesses that he was apathetic immediately after the accident, moving his arms and raising them in the air, and could hardly be reached. The Public Prosecution Service has no reason to doubt the conclusions of the researchers and witnesses.
No Intent, Still Punishable
Although the driver did not go on the road with the intention of causing a serious accident, the Public Prosecution Service believes that the driver is guilty of the drama of that summer day, August 27. He concealed from his employer and the Spanish CBR that he suffered from epilepsy. Had he reported this, he would not have been allowed to drive a truck because he would never have received a drivers license. The public prosecutor takes this very seriously. “A professional driver, who has suffered from epilepsy for many years, is expected to take responsibility for traffic safety. Given that the suspect should not have been driving a truck according to the applicable laws and regulations, and that he apparently did not disclose his epilepsy to his employer while performing his duties, it can be inferred that he did not take this illness seriously and thus took conscious risks.”
Highest Possible Sentence Demanded
The maximum penalty for causing a fatal accident without intent is 4.5 years in prison. This penalty has also been demanded by the public prosecutors. “The suspect has never shown that he understands what he has done wrong, that his actions and how he dealt with his illness are incompatible with his responsibility as a professional driver regarding the safety of all road users. He does not seem to have learned from what has happened, as he has repeatedly requested his drivers license back to work as a driver or participate in traffic again.”