Interview Jan Bakker
Jan Bakker after acquittal: 'This feels like justice'
When Jan Bakker was convicted of manure fraud in 2021, he never doubted his innocence or that of his employees for a moment. "Having the law and getting justice are two different things." Five years later, the Court of Appeal has dismissed virtually all the accusations.
Bakker views the acquittal as long-awaited justice, but also as a signal to the sector. "The manure trade often faces the odds with the government and in public opinion." Together with his daughter Angela, he looks back on a case that had a major impact.
portrayed as criminals
It began in June 2019, when at least fifty police officers entered Bakker's premises. Both the office and the home were searched, while no one was allowed on or off the property. Bakker and three employees were temporarily detained. "They treated us as if we were serious criminals," Angela recalls. "As if there was a drug lab or someone had been murdered." The impact was also significant within the company. "Our drivers only had to step into a truckers' café and were immediately confronted with the case."
The Public Prosecution Service suspected Bakker and his employees of fraud involving manure transport between 2014 and 2019. In 2021, this led to a conviction for, among other things, falsifying transport documents. Bakker received a community service sentence of 180 hours and a suspended prison sentence of three months. Employees and the transport company were also punished.
110% immersed in the case
On appeal, the ruling of which was in March, the Court of Appeal reaches a different conclusion. Virtually all accusations are dismissed. According to Bakker, the difference with the District Court lies primarily in the substantive assessment. "The Court of Appeal really delved into the practice. Not 100%, but 110%."
A key point in the case concerned the registration of manure codes. According to the Public Prosecution Service, transport documents were allegedly filled out incorrectly. Bakker argues that practice works differently. "There is space for four codes on a manure delivery note. For slurry, you record the code of the main component. That is how the sector operates." In practice, a load can consist of multiple types of manure, sometimes more than fits on the form. According to the court, this does not constitute fraud, just as with the use of multiple handwritings in documents. Incidentally, the system has since been digitized.
Jan Bakker
During the appeal, witnesses were also heard, including trade associations. According to Bakker, this showed that his working method did not deviate from common practice in the sector. He therefore views the ruling more broadly than just his own case. "Many people think that the manure trade is a fraudulent sector in which a lot of money is earned. But we do everything we can to register correctly and work according to the rules."
Bakker was not acquitted in March for supplying onion water to a cattle farm without a permit. A suspended fine of €1.000 still remains in effect for this. According to Bakker, this conviction has not been appealed and the situation is more nuanced. "If the cows had drunk the water, there would have been no problem. As it was, the water went into the manure pit, but that was not allowed."
Fortunately, I have some fat on my bones.
The verdict brings peace, although according to Bakker, that was not a given. "That suspended sentence hung over our heads. Manure accounting is complex and a mistake is easily made, especially in a company of our size." He expresses appreciation for the customers who have continued to support him. The employees have also remained loyal to him. "Despite everything, our company continue to grow, also in the manure trade.
The impact of the case was significant, not only emotionally but also financially. Bakker estimates the damages at €6 to €7 million, partly due to legal costs and higher financing expenses. "With a conviction, you immediately end up under special administration by the bank." Contracts were also lost, particularly in government-related tenders. Leasing land from the Central Government Real Estate Agency was no longer possible after the conviction, but the hectares have since been partially returned to management.
For Bakker, the case is largely closed following the Court of Appeal's ruling, but the aftermath remains palpable. "Fortunately, we have some reserves to absorb this. But a case like this can also easily mean the end of a company."
Wouter Job
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