Sebastiaan O. from Haaksbergen has been sentenced to 240 hours of community service. The court in Almelo rules that the 38-year-old man is guilty of the slap hammer drama on December 31, 2021 in which Bram (12) died and Robbin (11) was seriously injured. “He should and could have acted differently.”
According to the court, the Haaksbergen resident was considerably careless, negligent and negligent when he set off the blow hammer. He should have understood that there are risks in using a blow hammer. O. saw that the blow hammer was made of rusty material. The man should have tested it, with powder, but without bystanders. Then he would have known it was a faulty blow hammer.
The court is of the opinion that there is an accumulation of errors due to the carelessness of O. There is a causal connection between his actions and the death of Bram and the serious injuries to Robbin. “He should and could have acted differently,” said the chairman.
He should and could have acted differently
Life changed dramatically
The consequences have left deep marks. This is evident from the stories that the parents told during the substantive treatment. For Robbin, his life has changed radically, the chairman reads. The consequences are also major for O. and his family, the court outlines. His wife resuscitated Bram, his children witnessed the drama.
Although the court is convinced that O. would not have wanted this, he should have acted differently. This is charged to him by the court. It is also punishable that he had too much explosive powder in his possession. An unconditional prison sentence is not appropriate, says the chairman. The maximum community service of 240 hours is appropriate and required, together with a three-month suspended prison sentence, as a big stick for the future.
It is also a signal to others that the use of blow hammers is dangerous. Frivolous use can have criminal consequences, the court concludes.
Immediately wrong
At the first blow, things immediately went wrong at the Albert Cuyplaan in Haaksbergen. The explosion was so violent that a metal ring shattered into pieces. Bram was fatally hit by a metal shard, Robbin was seriously injured in his legs. Since then, the lives of the families involved have been turned upside down. “The shine is gone from life,” said Bram’s father. “Everything we do has a black border.”
During the hearing on November 25, the public prosecutor demanded a prison sentence of seven months. According to him, the drama was foreseeable because O. had bought a rusty and rickety ‘homemade’ device and illegally used explosive powder without taking proper precautions.
Considered
O. thought it was terrible what happened, but he said he had handled it well-considered. According to him, it would never have happened if the folding hammer had been properly constructed. Initially, the man called himself experienced in the field of blow hammers. But in the courtroom he said he had no knowledge of the construction and did not know anything about the explosive powder. His lawyer asked for an acquittal.
Ban blow hammer
The parents of the victims called for a nationwide ban on blow hammers. “That is our mission. Those things need to get off the street.” The VVD party in the House of Representatives took over that call last week. They want ‘uniform regulations’ to be introduced that prohibit the use of folding hammers.
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