Acquittal or a significant reduction in sentence for their client Peter Gillis. Gillis’ lawyers demanded this in the court in Den Bosch on Wednesday. According to lawyer Mark Hendriks, the Public Prosecution Service (OM) made mistakes: “They made a mess of it.” The suspects have also already received a fine of 15 million euros, he indicates: “And you cannot be punished twice for the same thing.”
Peter Gillis himself listened attentively, with folded hands, to his lawyer. Every now and then there is a smile, sometimes a nod to his lawyer. He himself says nothing on the third day in court.
Suspicions
Gillis faces a prison sentence of 1.5 years, of which six months are conditional. In addition, if the justice system has its way, he and his Oostappen Group will have to pay almost 600,000 euros and will be banned from doing business for two years.
The Public Prosecution Service suspects the campsite owner and reality star of ‘large-scale tax fraud’. According to the judiciary, this includes ‘black rental’, destroying administration and failing to file tax returns. Something that came to light during a raid by the FIOD in May 2019.
Errors by OM
According to Gillis’ lawyer, it was precisely during that raid that things went wrong. “Secret documents were taken and copies were even made,” says Hendriks. This allegedly concerns folders containing, among other things, conversations between Gillis and his lawyer. Confidential documents that fall under the right of non-disclosure and therefore may not be taken with you. “The Public Prosecution Service has made a mess of it. This makes a fair trial no longer possible.”
But according to the lawyer, there is another reason not to continue with the prosecution of Peter Gillis. “A fine of fifteen million euros has already been imposed. You cannot be punished twice for the same offense. The Public Prosecution Service and the tax authorities should have chosen: either that fine or criminal prosecution.”
‘Black rental’
This would concern seven fines imposed by the tax authorities for facts for which Peter Gillis, daughter Inge and his ex-wife are now on trial. “The Public Prosecution Service should not prosecute Gillis at all.”
The most important thing in the lawsuit against Gillis is the ‘black rental’, social rent that was paid in cash and the administration of which has been destroyed, according to the judiciary. “The lack of social housing is a social problem, people are in danger of ending up on the street. The municipalities sent people to the parks for shelter.” According to the lawyer, the municipalities themselves had no solution and shifted the problem to the Gillis holiday parks.
Tired chalets
What happened to the cash from the rental? “The money was used to pay wages and buy items such as paving stones, sand and a sweeper for the park,” explains lawyer Nienke ten Donkelaar. It is not clear whether it was included in the administration.
According to Gillis’ lawyers, the costs of social rent were higher than the proceeds, especially because the chalets were often completely worn out. “The profit was nil and so was the amount of tax owed.” And that is why the demanded fine should be scrapped.
‘Peter has been punished enough’
The lawyer can be brief about not filing the tax return on time. “Due to the seizure of the administration during the FIOD raid and forced changes of accountants, it was not possible to file the tax return on time. And we also informed the tax authorities of this.”
Due to mistakes and previous fines, the prosecution of Gillis should stop, if that is not the case, the lawyers are demanding a significant reduction in sentence. “Peter Gillis has already been punished so badly with fines, with closed parks, in the media, that an acquittal would be appropriate,” Hendriks concludes.
The court will probably rule in this case on April 16.
We spoke to Gillis in court on Monday and Tuesday:
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