Acquittal of Richard de Mos: Public Prosecution Service ought to have thought higher

The Hague politicians Richard de Mos and Rachid Guernaoui have been additionally acquitted of abuse of workplace on enchantment. The Public Prosecution Service goes down arduous and is left to lick its wounds. However the five-year persecution additionally left deep wounds in The Hague’s municipal politics. The Public Prosecution Service should assume extra fastidiously earlier than prosecuting politicians, writes Geerten Waling.

The Court docket of Justice in The Hague dominated on Thursday, June 21, within the enchantment in opposition to two former councilors of Groep De Mos/Hart voor Den Haag: celebration chief Richard de Mos (48) and Rachid Guernaoui (52). The entire acquittal at first occasion in April 2023 was already an amazing embarrassment for the Public Prosecution Service, however it nonetheless determined to enchantment.

This prolonged the case, which had been dragging on since 2019, for one more 12 months. This not solely meant a sword of Damocles over the heads of De Mos and Guernaoui, the door to coalition participation additionally remained closed for his or her celebration all alongside. EW requested the very best boss of the Public Prosecution Service, Rinus Otten, in the beginning of this 12 months whether or not he thought the De Mos case was dangerous to the democratic course of:

I do not assume so. In a rustic just like the Netherlands we have now to know the boundaries. We can’t draw that ourselves, that’s performed by a decide. This authorized formation solely takes place by going by means of the method. Even when a case takes a very long time, I discover that very annoying, however in any other case we’ll by no means discover out whether or not supplying sources to an area politician in alternate for companies in return can turn into a part of the customized or not.

The truth that De Mos and Guernaoui resigned as councilors because of the prosecution by the Public Prosecution Service was their very own selection, based on the Public Prosecution Service CEO: ‘That was not obligatory for us in any respect.’

Attraction: nearly full acquittal

The Court docket additionally dominated crystal clear this time: the suspected politicians weren’t responsible of abuse of workplace. Donations to De Mos and Guernaoui from some entrepreneurs have been made ‘throughout the framework of the legislation’. The Court docket doesn’t think about it confirmed or believable that the suspected politicians have promised, not to mention delivered, reciprocal companies – and even an intention in that course on the a part of the donors has not been established.

The 2 have been discovered responsible of violating their obligation of confidentiality as councillors. This entails sharing secret paperwork with third events, together with about the actual property improvement of the Spuikwartier, and informing a journalist in regards to the proposed buy of a parking storage by the mayor and aldermen.

The Court docket opts for gentle sentences on this conviction, due to the clear felony document of the suspects and the foremost impression of the case. De Mos receives a conditional high quality of two,000 euros.

Ombudsman politics within the suspect field

That impression, properly, the Public Prosecution Service might have dwelled on it a bit longer in recent times. Not solely did the years-long judicial investigation place a heavy burden on the suspects, the coalition during which they have been half additionally fell aside. Since then, The Hague’s largest celebration has remained excluded from coalition participation, even after new elections in 2022. That has not performed any good to the arrogance of many residents of The Hague in native democracy. However the implications of this lawsuit prolong far past the borders of the royal metropolis.

Native events all through the nation, which maintain greater than a 3rd of all municipal council seats, adopted the case carefully. Not like nationwide celebration organizations, they obtain no subsidies and are utterly depending on personal donations and companies from their supporters. The suspicion of bribery and different abuse of workplace hung like a grey veil over all the pieces EW has known as ‘ombudsman coverage’, a time period that Richard de Mos has proudly adopted.

Actually, the Public Prosecution Service needed readability about the place the generally skinny line lies between ombudsmanship and cronyism. That readability is now there. The acquittal of Richard de Mos and Rachid Guernaoui makes it crystal clear that that line has not been crossed.

Maybe good for case legislation. However that achieve doesn’t outweigh the nice harm this case has triggered to the credibility and reliability of the rule of legislation, and to the status of municipal politics – and that of native events particularly.

So, OM, for subsequent time: assume earlier than you start.