Today, the Supreme Court in the Netherlands informed the lawyers L. Arends, B. Sevinger, and P. Sussebeek that the cassation appeal will proceed. The Attorney General has been instructed to make a decision on how the Supreme Court should evaluate the case. After several months, the Court will set a date for the case hearing.
Background: last year’s judgment
On July 12, 2024, the Court of Appeal issued a decision in the Avestruz case. The Court, consisting of Werleman, Nuñez, and Mansur, rejected the defense and confirmed that the decision to prosecute lies with the Public Prosecutor.
The Court found no evidence of government malfeasance in the land sales. There was no proof that Werleman, Nuñez, or Mansur acted together with Sevinger to defraud the government. Mansur could secure financing from his family.
Regarding Harms’ donations to the Corazón Verde Foundation of Sevinger, the Court concluded there was insufficient evidence linking these donations to the land transactions. Harms was acquitted of complicity.
Sussebeek conviction
The Court found that Sussebeek gave gifts and money to Sevinger to obtain land, including a gym and a drip system. These actions were carried out by Sussebeek’s associates to influence Sevinger. Sussebeek personally benefited, earning 1.3 million dollars from the sale of a property from Sevinger.
The Court considered this a serious matter and took Sussebeek’s reputational damage into account. He was sentenced to 30 months in prison, of which 10 months are conditional with a 3-year probation. The 1.3 million dollars is confiscated.
Arends conviction
The Court found that Arends and Sevinger acted together to acquire land. Arends received land without the intention to carry out projects and relied on political connections with Sevinger.
Arends was sentenced to 2 years in prison, of which 1 year is conditional with a 3-year probation. A fine was deemed unnecessary.
Sevinger conviction
Sevinger was acquitted of involvement in the projects of Werleman, Nuñez, Mansur, and Harms.
However, Sevinger was found guilty of malfeasance and abuse of his ministerial position. He was sentenced to 4 years in prison, of which 1 year is conditional with a 3-year probation. Additionally, he is barred from political participation for 5 years.