Geert Hatzmann
PHILIPSBURG--The mother of a teenager who was shot and killed by a sixteen-year-old boy in a home on Pendant Cactus Road in Sucker Garden on March 9, 2020, is still waiting for the Ministry of Justice to pay damages.
The payment of damages to the tune of NAf. 8,712.68 was awarded to the mother by the Court of First Instance on February 1, 2022, to cover the cost of her son’s funeral. However, almost two years after her son’s death and three weeks after the verdict, the woman has not received one penny.
Asked for comment by The Daily Herald, a spokesperson for Minister of Justice Anna Richardson said the minister was preparing a statement to address the matter.
Four persons were at the home when 16-year-old J.B. fired six bullets. One of those present, Jordanio J. Bakmeijer, was hit by several bullets and died as a result.
The court sentenced B. to placement in a juvenile institution for mandatory intensive forensic psychological treatment – referred to by the Dutch acronym PIJ – for a duration of two years. The Prosecutor’s Office had called for a 16-year prison sentence.
Injured party
As the injured party, the victim’s mother Joan D.M. Peters was awarded damages. Within the framework of this criminal case, attorney-at-law Geert Hatzmann called on the minister of justice to waive the regular protocol in this “special” case and to immediately pay out in full the compensation awarded to the next of kin.
Hatzmann addressed the minister, not the perpetrator, in his efforts to obtain the money due to his client, because the judge in the Court of First Instance attached a so-called compensation order (“schadevergoedingsmaatregel”) to the verdict.
This means that the convicted person is ordered to pay compensation to the State for the benefit of the injured party.
If the convicted person does not pay damages alternative detention can be imposed. However, this does not mean that the convicted person no longer has to pay the compensation. The obligation to pay continues to exist.
If a compensation order has been awarded, an advance payment arrangement also applies. This means that victims can receive an advance; for instance, if one is the victim or a relative of the victim of a violent crime or sex crime. In such cases it is possible to receive the entire amount as an advance and one does not have to wait for payment by the offender.
Minister of Justice Anna Richardson failed to respond to the lawyer’s request for speedy payment of damages, nor did she confirm receipt of his email message, which was sent immediately after the verdict, Hatzmann said.
This was “downright disappointing”, he said, especially when taking taken into account that shortly after the minister took up office, she announced that she wanted to improve the position of victims in criminal cases.
In his email to the minister, Hatzmann called this case a “perfect example” of how “bad” the victim’s position in criminal cases still is, despite the “express wish” of the legislator. “All emphasis is on the suspect/perpetrator,” he said.
‘Secondary victimisation’
“The next of kin have heard the verdict with horror and disbelief. Where, after such a long wait, they finally hoped and expected to obtain justice for their murdered son and brother today [February 1, 2022 – Ed.], the content of this sentence only added extra suffering to them. The next of kin experience the verdict as a tremendous blow in the face and for them the outcome of this trial is a renewed trauma. This is a classic case of secondary victimisation,” Hatzmann stated in his email to the minister.
“The entire process was very much about what was in the interest of the suspect and the next of kin were only slightly involved. If compensation is immediately awarded in full, this is a certain form of recognition for the next of kin,” Hatzmann told The Daily Herald. “There should be a compensation fund for victims and relatives of violent crimes right now.”
The lawyer said he had a conversation with the minister about the position of victims in criminal law at her office in 2020, but never received a follow-up from her again.
“That is strange when it is considered that I am – probably – the lawyer who most often acts on behalf of victims and who is also – I don’t have to be falsely modest – is without a doubt the most adept at it,” Hatzmann said.
Eighteen months ago, the minister of justice announced that she would strive to improve the position of victims in criminal law. Among other things, there would be a Victim Support Office.
“In those 1½ years nothing of that improvement has been achieved. It is said that the [Victim Support – Ed.] Office was formally established, but I have not yet been able to catch it doing any actual work. In any event, I have not yet witnessed a single instance of one of their employees making a claim on behalf of crime victims.
“And to be honest, it’s really no higher math. I could be the whole Office on my own today and represent all victims who need it in court and also provide guidance – explain to people how things work – and coordinate victim interviews with the Prosecutor’s Office and contact with psychologists,” Hatzmann said.
“The fact that the minister has not even sent an acknowledgment of receipt regarding my emails concerning the compensation for Jordanio Bakmeijer’s mother speaks volumes. This clearly shows that the subject is not at all close to the minister’s heart and that her words from 2020 have not been worth a cent.”
