Lawyers former aldermen: 'Vote-making, evidence lacking'
Against the prosecutor's big words, there is little concrete evidence, the lawyers for former aldermen Richard de Mos and Rachid Guernaoui argue. "There has been a coûte que coûte attempt to build a case."
Bribery, criminal organization, network corruption, election fraud - they are lead accusations from the Public Prosecutor's Office (OM). But according to lawyer Peter Plasman, who is assisting De Mos and Guernaoui, the prosecution cannot substantiate these allegations concretely. Nasty, he thinks, because the criminal investigation has paralyzed The Hague politics for three and a half years. "Then very serious facts must be established that can justify that paralysis in retrospect."
There is no such evidence, criminal lawyer Plasman and office associate Jordi L'Homme told the court Tuesday. An embarrassing mistake had already come to light on Monday. Last week, the prosecution quoted an app from a real estate entrepreneur to De Mos: 'My lips are sealed'. According to the prosecutor, that was about a shadowy agreement, in reality it referred to the relationship between De Mos and his ex. A mistake, acknowledges the prosecutor, who apologizes.
It is not the only miss in the indictment, the defense believes. According to attorney L'Homme, each file contains "multiple factual inaccuracies, false assumptions, suggestions and untenable propositions. The prosecution has made a mistake and is now masking its own failure with "vote-catching. Plasman: "The prosecution has too much of its own interest in the outcome of this case."
He also said the messy subpoena testifies to botched work. The prosecution first spoke of two criminal organizations, in the subpoena of "one or more," and now only one. "At the time of subpoenaing, the accusation should have been clear," he said.
Lawyers: donations legitimate
The entrepreneurs' donations were legitimate, L'Homme argues. If they had any business interest in doing so, it was not prohibited. Moreover, these were donations to the party, not to De Mos and Guernaoui. They did not have the party account at their disposal. That is a difference from the case against Jos van Rey, the Limburg alderman convicted of corruption.
According to the defense, the sponsors were enthusiastic about "the refreshing, decisive and purposeful conduct of Richard de Mos and his political party. His ombudspolitics, described by the prosecution as "a painfully undemocratic figure," was precisely a formula for success. "Even the VVD adopted the idea of ombud politics," L'Homme illustrates, referring to an annual report of the liberals.
De Mos ran hard for Opera because it was the only real location for dance parties Peter Plasman, lawyer
For bribery, it is enough that an official can "feel in his clogs" that a donor is demanding something in return. That is not the case here, L'Homme argues. After all, other large donations - for example from De Uithof director Eugène de la Croix - have not been labeled suspicious by the prosecution. "De Mos and Guernaoui could therefore not have sensed at the time of donation that a donation was made with wrong intentions."
No knowledge of messages
Against the denial of the suspects, the prosecution puts countless incriminating mails, chats and phone calls, especially from co-accused Edwin J. and Gülhan 'Erdinç' A. Of messages between party supporters, the aldermen had no knowledge, the lawyers argue. Nor of the "recruiting" of voting passes by A. and councilman Nino Davituliani. "How then can this qualify as a gift, promise or service?"
One by one, the lawyers walk through the allegations. Evidence is lacking, they say. For each suspicion, they give an alternative, innocuous presentation. The night exemption? "De Mos ran hard for the Opera because, in his view, this venue was the only real possibility for dance parties." Davituliani "planted" in the group? "Even before the first word about sponsorship was spoken, it was certain that she would be on the list." Pledge to rock band Di-rect? "He wanted to arrange something nice for the neighborhood with which he could shine."
There is absolutely no question of personal enrichment, as the public prosecutor suggested, says Plasman. Hád De Mos wanted to be bribed by entrepreneurs, he could have done it that way, he philosophizes. "If you are corrupt and you have access to the pockets of such rich people who are willing to bribe you, then something is wrong if that doesn't happen."
Political practice
In the end, much of what the prosecution brings up is simply political practice, L'Homme outlines. Breach of official secrecy? The aldermen simply sparred with confidants over a difficult decision. Fellow aldermen pressured? Part of it. Threatening a college crisis? Weekly fare at City Hall. Plasman: "This criminal case is about the clash between De Mos' approach and conventional politics."
The lawyers are asking for acquittal. Plasman: "Give the city of The Hague these gentlemen back and don't convict them."
