The 45-year-old driver who ran over two cyclists in Ghent in February last year has been sentenced on appeal to six years in prison and a lifelong driving ban.
This was decided by the Ghent Criminal Court on Tuesday. In the first instance, a police court sentenced him to five years in prison, of which 3.5 years were to be served, but the ruling was appealed by the prosecutor, who deemed it too low.
The accident occurred on Sunday, 25 February 2024, around 11:00 on Pantserschipstraat in Ghent. The driver collided with a group of five cyclists who were on the bike path. Two of the cyclists, both 45-year-old men from Lochristi, did not survive.
After the accident, the driver tested positive for alcohol, recording a blood alcohol level of 3 per mille. He was detained for unintentional manslaughter, unintentional assault and injury to the injured victims, and driving without a valid licence.
An initial investigation suggested the crash was caused by the driver’s steering error combined with excessive speed. The defendant claimed he could not remember the accident. He had not had a valid driving licence for almost ten years but was still able to register and insure a car.
His last driving ban was in 2014, which required him to pass medical and psychological tests to regain his licence; however, he did not complete the medical examinations.
On a video call
The driver was using his own car, insured in his name, but he claimed that he had bought it for his girlfriend to use.
Mobile phone data showed the driver was on a video call with his girlfriend at the time of the accident and was driving at 118 kilometres per hour in a residential area. The defence sought confirmation of the initial sentence.
"My client promised never to drive again after the accident, and I believe him," said defence lawyer Marc Schollier He argued that a prison sentence under five years with probation would allow the driver to address his issues.
The defendant expressed regret to the court, acknowledging his alcohol problem. But the judge dismissed his blackout claim as he was awake and video calling. "You did everything wrong except flee – but your car was wrecked," the president said.
The court sentenced the driver to the maximum six years in prison and a fine of €16,000 for causing the fatal accident, and a fine of €8,000 for driving with a revoked licence. He was also declared permanently unfit to drive any motorised vehicles.
The judges noted he was guilty of nearly all major traffic offences, including driving while intoxicated and aggressive driving. His “problematic personality” and five prior traffic offence convictions, including three for driving under the influence, were also considered.
The court found he lacked insight into his alcohol issues and posed a social danger due to his antisocial behaviour. It found no merit in imposing probationary conditions as compliance was deemed unlikely.
The defendant can only appeal the verdict in the Supreme Court.
