Today, the District Court of Limburg reached an acquittal in a case in which death by fault was charged after a Q fever infection. The case revolved around the death of 20-year-old Joep, who visited our client’s goat farm in 2009. Joep was alleged to have contracted Q fever after that visit, which developed into continuous epileptic seizures resulting into his eventual death. However, medical examination at the request of the defense showed that Joep’s epilepsy was the result of a congenital chromosomal abnormality, and was therefore not caused by a completed Q fever infection. The acquittal is in accordance with the charge of the public prosecutor, who had also requested an acquittal.
It is significant that, in the extensive judgment, the court also discusses the possible negligence of our client in allowing visitors to his farm. A 2016 Zembla broadcast alleged that he was aware of the Q fever infection at his farm even before the visit of Joep’s school class. Although our client has always denied having been aware of the infection, these media reports prompted various people, including Joep’s parents, to file charges against him. After a successful article 12 procedure, the Den Bosch Court of Appeal ordered the prosecution in this case in 2019. In the criminal case, the defense requested that various experts in the field of Q fever be allowed to report. Witnesses were also heard before the examining magistrate. These further investigations proved that our client is not to blame. The court concludes:
"All this leads the court to the conclusion that there is no convincing evidence available that the defendant, prior to the visit to his company of [victim] and the other children of the Catharina school, knew or should have suspected that Q fever was present at his company."
The court also states:
"Reviewing all of this, the court has no reason, based on the findings of the investigation and the hearings, to assume that the defendant, during the period charged, was aware of the danger of Q fever for humans or that he could and should have been aware of that danger. Viewed this way, it cannot be said that the defendant acted grossly or significantly carelessly, negligently or negligently by allowing the children of the Catharina school, including [victim] , to enter his premises. The evidence for this is lacking."
The verdict marks the end of a long period of unsubstantiated accusations against our client. Therefore, in his closing speech, he thanked the experts who had been heard in this case and all the people who have continued to believe in him over the years and have supported him. Together with the court, our client expresses his hope that the thorough investigation into the circumstances surrounding Joep’s death and the court’s judgment in this matter will bring resignation and closure to everyone who has felt involved in this case.
The judgment can be read here. Client was assisted in this case by attorneys Barbara van Straaten and Tamara Buruma.
Various media have reported extensively on this case, see among others:
- De Limburger, 'Dood van Joep (20) niet in verband te brengen met Q-koortsuitbraak: vrijspraak geitenhouder'
- 1Limburg, 'Geitenboer vrijgesproken voor dood door schuld'
- AD, 'OM eist vrijspraak voor boer die Q-koorts zou hebben verzwegen'
- Hart van Nederland, 'Vrijspraak voor boer die Q-koorts zou hebben verzwegen'