Sonja K. was acquitted on Thursday of leaking a confidential investigation into former Speaker of the House Khadija Arib. According to the court, it cannot be established that the former spokesperson for Arib’s successor, Vera Bergkamp, was behind the leak.
The case revolves around a then-confidential announcement of an investigation into former Speaker of the House Arib in September 2022. The news appeared in NRC before Arib herself was informed about the investigation.
K. allegedly shared the news with journalists from NRC. The former spokesperson denied this. Phone data shows that she was within walking distance of the NRC editorial office in Amsterdam prior to the publication. Phone data also showed that she frequently called the NRC journalists and former Speaker of the House Bergkamp, among others.
The former spokesperson herself denied being behind the leak and said, for example, that she was near the editorial office “to relax.”
‘Leak could have happened in various ways’
But according to the judge, this is not sufficient and lawful evidence to identify K. as the culprit. “It is established that information from the meeting of the presidium was leaked,” the judge says. “But this could have happened in various ways and places. In person, in the corridors, by telephone, by email, in The Hague, in Amsterdam or elsewhere.”
For example, ten people were present at the meeting of the House Board in which the investigation was discussed. And even more people would have been (in)directly aware of the decision. The judge notes that many people who were heard did not seem to reveal everything they knew.
All in all, reason for the judge to be “cautious” with the evidence provided and it cannot be properly established that K. is behind the leak. The Public Prosecution Service (OM) demanded a community service order of 140 hours last month. An appeal can still be lodged against this ruling.
The judge also points out in the judgment that confidential information is often leaked from the House. “The interrogations paint a picture of an organization in which very little information is actually treated and remains confidential.”
The House Board will meet on Monday to discuss possible further actions. Speaker of the House Martin Bosma previously indicated that he would first await the court ruling and take the situation very seriously. “Because the reputation of the House is at stake.”