Volendam evidence 'not admissible'

AMSTERDAM — The lawyer defending the owner of a Volendam cafe that was engulfed in flames killing 14 youths more than two years ago claimed in the Haarlem Court on Tuesday that the prosecution's evidence is not admissible.

Cafe owner Jan Veerman, 56, faces a 16-month jail term on charges relating to culpable homicide and the injury of more than 100 people. The prosecution alleges Veerman's negligence led to the fire on the night of 31 December 2000.

A sentence of 10 months has also been demanded against 35-year-old John Veerman (no relation) who worked as the manager of De Hemel cafe, while the prosecutor demanded three months jail against 26-year-old Laura Veerman, the daughter of cafe owner Jan. None of the three suspects are charged with intentionally causing the disaster.

Defence lawyer Hans Anker claimed on Tuesday that the public prosecutor has breached the principle of equality. He said other people should also be held accountable for the blaze, such as the Edam-Volendam City Council.

About 250 youths or more were partying at De Hemel, much more than legally allowed when a short-lived, but intense blaze broke out after midnight. A male youth lit a sparkler that set alight the Christmas decorations hanging from the ceiling.

In the aftermath of the tragedy in the small coastal fishing village, it was revealed that cafe owner Veerman did not have a permit for the establishment because the council had requested that he address fire safety concerns. The Christmas decorations had not been fireproofed, which they should have been.

But Veerman's defence lawyer Hans Anker criticised on Tuesday the swift decision by the public prosecutor not to proceed with a criminal case against the Edam-Volendam council, claiming that it is "incomprehensible that these three people (the defendants) are sitting here".

He said if the municipality was not going to be prosecuted for failings in its duty to supervise the cafe's fire safety measures, no one should stand trial, Dutch associated press ANP reported.

Prominent legal experts have also backed Anker's claim, asserting that the municipality should have been called to defend itself before the court. Former Edam-Volendam mayor Frank IJsselmuiden resigned in March 2001 in response to the tragedy.

A spokeswoman for the prosecution refused to comment on the defence's claims and said the prosecutor will make an official response when the case is concluded on Friday.

The court is scheduled to hand down its ruling on 18 July