Ex-PSV director jailed for sexual abuse
29 July 2004 , AMSTERDAM — The Den Bosch Court sentenced on Thursday former PSV executive Fons Spooren to a 27-month jail term, of which nine months were suspended, for having sex with underage boys at an Eindhoven park.
29 July 2004
AMSTERDAM — The Den Bosch Court sentenced on Thursday former PSV executive Fons Spooren to a 27-month jail term, of which nine months were suspended, for having sex with underage boys at an Eindhoven park.
The sentence is higher than the prosecution's demand and the defendant's lawyer, Geert-Jan Knoops, said Spooren will almost certainly appeal against the ruling, newspaper De Telegraaf reported.
The prosecution had demanded on 15 July that Spooren, 40, be sentenced to 18 months jail, six of which were to be suspended. But the court also convicted Spooren of serious attempted assault charges for having sex despite being aware of the fact he was HIV-positive.
The three months that Spooren served in remand custody will be subtracted from his jail term, meaning he must serve about 15 more months in prison. The husband and father of two was not in court to hear Wednesday's verdict.
But the defence lawyer said Spooren was extremely disappointed with the ruling and will almost certainly appeal. If Spooren does appeal, his lawyer said the court ruled that he will not have to await the appeal hearing in prison.
The case against Spooren caused outrage last year. He was implicated when anonymous informants tipped police off about the defendant's actions at the Anne Frankplantsoen in Eindhoven.
The park has been renowned as a gay meeting point for many years, but claims of underage age male prostitutes offering services to other men alarmed justice officials and an investigation was subsequently launched.
Police noted that Spooren visited the park on an almost daily basis for sexual gratification. The prosecution alleged that the defendant had a preference for young boys and that some of them were no older than 13.
The former financial director of the Eindhoven PSV football club claimed that he thought his sex partners were adults. He also dismissed claims he engaged in unsafe sex.
"As soon as I knew in March 2001 that I was infected with HIV, I stopped having unsafe anal sex," Spooren said.
But several months after being informed that he was HIV-positive, Spooren returned to the Eindhoven park to engage in oral sex. He claimed a doctor and his own research indicated to him that the chance of infection via oral sex was "negligible".
Lawyer Knoops demanded that the prosecution's evidence be declared inadmissible because former Eindhoven mayor R. Welschen had publicly announced in June 2003 that Spooren was HIV-positive.
He said Welschen's justification for the statement — which cited the interests of public health — was not a justifiable reason for the breach of Spooren's privacy. The court dismissed the lawyer's demand.
Spooren was found guilty of serious attempted assault on five people. The court also ruled that he had sex with two boys younger than 16 and twice had sex with boys aged between 16 and 18. One boy was an adult, news agency Novum reported.
Furthermore, the court ruled that in all cases Spooren knew that he was HIV-positive, while allegations from three other people were declared inadmissible.
[Copyright Expatica News 2004]
Subject: Dutch news