It was a beautiful summer day. After work, the brothers (41 and 43 years old) who grew up in Kermt (Hasselt) parked themselves on the terrace of the Kermeta in Kermt. The Orvals entered smoothly. After 3.5 hours they decided to leave. “I had lost track of time and wanted to go home to my children,” said the younger of the two.
Witnesses saw from the terrace how the brothers, who live in Beringen and Kermt respectively, got into their Golf GTI and Renault Clio. They left the parking lot with screeching tires. At the red lights, a few meters away, they cheered each other on and pressed the gas several times. Once the light was green, the brothers turned right into Koorstraat. There, 77-year-old Paul Briers was enjoying a bike ride with his wife.
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Out of the bend
The brothers came from the opposite direction. According to the prosecutor, they raced through the built-up area at 60 to 75 km/h. “My tires had too little grip. The road surface changes there,” the driver said in tears.
“Your car tires have been examined and were legally compliant. Their condition did not affect a dry road surface. What could be the reason?” asked the judge.
“I went off the bend because of the speed. Then I hit Mr. I drove on. I should never have done that. I don’t know why either. The first minute I was very panicky,” said the accused.
Paul Briers didn’t stand a chance and died immediately. His wife was unharmed. “We were a happy couple. We still had so many prospects, corona was over and plans for the future had been made. In an instant it was all over,” the widow said in court.
The driver drove along at a breakneck speed. Just like his brother, who lived barely one kilometer away. The latter later went to investigate by bicycle. He saw a red tent, typical of a fatal accident. Around 6 p.m., the eldest brother, the driver, turned himself in to the police. “I haven’t drank alcohol since then. I don’t even eat tiramisu anymore. This should never have happened,” said the 43-year-old.
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“The car as a toy”
The prosecutor outlined that the victim was catapulted 12 meters away after the collision. He referred to several witnesses who spoke of screeching tires and two motorists who were cheering each other on: “In my opinion, encouraging people to drive fast has certainly been proven. And it doesn’t stop there. You shouldn’t tell me that you didn’t see the accident. The cyclist’s mirror was in the driver’s car. Don’t tell me that you haven’t seen anything. I also summoned the second defendant for hit and run resulting in death. If he hadn’t urged him to drive fast, things might have turned out differently. His driving behavior partly caused the accident. They have treated their vehicle as a toy and the roadway as a playground. Seeing that the two defendants are in their forties, they should have reached the age of reason. But Paul Briers never got a chance. I am seeking 20 months in prison each, a 19-month driving ban, taking all exams and tests and a fine of 9,600 euros. By so thoughtlessly getting behind the wheel, people do not realize the human suffering they are causing. Purely and solely due to tough and thoughtless driving behavior.”
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Malicious obstruction of traffic
The brothers exceptionally had to answer before the criminal court and not before the police court. They have been referred for, among other things, malicious traffic obstruction. That was food for discussion. According to both the public prosecutor’s office and the defense, this is not the case. This could possibly lead to a new trial in the police court.
“It is a very tragic case, but it is and remains an accident. There was never any intention to deliberately obstruct traffic. My client made a big mistake, but it was unintentional. I ask you to declare yourself incompetent and refer the case to the police court,” lawyer Peter Donné said for the youngest suspect.
His colleague, Vincent Gilot, also asked for the older brother to be acquitted for malicious traffic obstruction. He also wondered whether there was any racing involved. “My client says no. He did not encourage his brother to drive too fast with his Cliootje.”
Finally, the accused were given the last word. “I realize that what happened is my fault,” said the driver, who had been in custody for six months.
Verdict on April 12.
