14 May 2004
AMSTERDAM — The prosecution demanded on Thursday a jail term of 1.5 years be handed down on a disabled 71-year-old man who shot and killed a robber at his business in Leidschendam last year.
But the prosecution also told a court in The Hague that the man’s time spent in remand detention should be subtracted from his jail term, newspaper De Telegraaf reported on Friday.
Cees Gardien — who is sick and spends most of his time in a wheelchair — reacted with disappointment. “I am not a murderer and I did not want to kill the man. I have never done something wrong and yet I am treated like this.”
But the prosecution claimed that Gardien intentionally killed known criminal Yacup Yuruyucu, 24. Due to his age and the fact the defendant has been diagnosed with life-threatening illnesses, the prosecution requested a moderate jail term.
The prosecution also said that Gardien cannot claim he was acting out of self-defence, despite the fact that the shooting occurred when he was confronted by four men attempting to rob him on 15 December 2003.
And despite the fact that a knife was found underneath the body of Yuruyucu, the prosecution denies Gardien had the right to shoot him. The prosecution said the four robbers were not planning to kill him.
Gardien has experienced two other robberies and nine break-ins at his car yard business, but the prosecution dismissed claims that the defendant acted out of fear. He said after the first incident in 1975, the defendant had continued to operate his business from the same place.
But the defence lawyer claimed Gardien had no choice and acted in self-defence on the morning of the shooting. The lawyer said the defendant had been confronted in pitch-black darkness by armed men in balaclavas.
The court will hand down its ruling on 27 May.
[Copyright Expatica News 2004]
Subject: Dutch news