A Dutch youth found guilty of causing the death of a close friend in a tragic jet ski accident at St George’s Bay three years ago, was spared jail in light of a heartfelt plea by the victim’s family.

Gerrit Van der Veen, now 21, ended up with his life “on hold” ever since that fateful afternoon of August 15, 2018 when he and two fellow nationals, one of them his close friend Mart de Ruiter, decided to hire jet skis from a watercraft hiring agency at the bay. 

The incident occurred at around 3pm while Van der Veen and de Ruiter were heading out of the bay, travelling at moderate speed at about 30 metres apart.

Looking around, the accused spotted his friend behind him on the left-hand side but nonetheless continued to manoeuvre his jet ski towards the left. 

Although the jet skis collided at moderate speed, the impact was forceful enough to cause a blunt trauma that resulted in de Ruiter’s death. 

The youth’s death was officially certified as having been caused by the “fracture of the base of the skull, secondary to a jet ski injury.”

Testifying before a court expert shortly after the incident, Van der Veen had explained how he “left off the throttle to slow down but still collided into Mart’s jet ski.”

Three years later when testifying in the proceedings, the accused said that his friend had collided with his own jet ski. 

When delivering judgment the court, presided over by magistrate Rachel Montebello, said that it would rather believe the accused’s earlier version.

Having looked around and caught sight of his friend on his left-hand side, the accused should not have turned his own craft further to the left, said the court, adding that the risk of impact was foreseeable.

The accused should have kept a careful and proper lookout and proceeded with caution.

The court also noted that driving instructions in Dutch, handed out to the three friends by the hiring agency before the ride, had not been properly observed. 

“Do not ride over each other’s path… Stay at least 100 metres from all other crafts… Do not ride side by side,” read the instructions.

The court remarked further that since the victim was following the accused’s jet ski, it was mainly his duty to stick to the distance stipulated by those regulations. 

As for the results of a breathalyser test administered to the accused after the accident, showing the presence of alcohol in excess of legal limits, the court declared that that evidence was to be discarded.

The accused had not been advised about the legal consequences in case he chose to refuse the test, nor was he given his right to legal assistance, observed the court.

He had submitted to the test thinking that it was standard procedure in such collision incidents. 

The court also made reference to a statement presented by the victim’s family who had immediately forgiven the accused and acknowledged the “psychological impact” the tragic episode had left upon him too.

'Overcome by guilt'

The youth was “overcome by guilt” at the thought of having caused the loss of a close friend and his life was “on hold” ever since, said the victim’s mother.

“If you were to convict him, we as Mart’s family would feel punished even more.”

Such a statement could not be ignored by the court, stated Magistrate Montebello, also noting that the accused had a clean criminal record. 

No punishment could ever outweigh the burden of remorse that the accused was likely to carry throughout his life.

“That burden in itself is punishment,” said the court. In light of all considerations, it declared the accused guilty of involuntary homicide and condemned him to pay a fine of €2,500 as well as court expert expenses amounting to €1,221.41.

Inspector Leeroy Balzan Engerer prosecuted.