Leyman Advocaten

Water bottle thrower faces up to six months in prison: “But attempted manslaughter is a step too far”

Youri IJnsen  • Tuesday, April 15, 2025 at 7:17 AM  wielerflits.be

Mathieu van der Poel  won Paris-Roubaix 2025 in stunning fashion. Less appealing was the water bottle thrown in his face Sunday afternoon on one of the many congested sections of the cobblestones. Afterward, the Dutchman was furious about the incident, which has since dominated the media. He called it attempted manslaughter. The person in question has since turned himself in to the police in Waregem. The consequences of the incident remain to be seen.  WielerFlits  has therefore submitted several questions about this case to Ben Leyman, who runs his own sports law firm in Zottegem.

WF: Mathieu spoke afterward about attempted manslaughter. Would you consider this incident a legal offense?
Leyman: “Then the supporter would have to have already intended to kill him. That might be going a bit too far. Let’s just hope this person didn’t intend to kill. I assume that wasn’t the case. By Belgian standards, attempted manslaughter would be a bit too harsh a qualification. In this case, it should be classified as ‘intentional assault and battery’.”

What’s the difference in sentencing between the two?
“In Belgium, penalties for intentional assault and battery range from eight days to six months and/or a fine of at least 200 euros. If it’s premeditated, the penalty is at least one month to one year in prison. And in that case, the fine is at least 400 euros.

Now, the offenses were committed in France, so the case will likely be heard there as well. The same offense is punishable by fines and/or prison sentences there. Take, for example, the case involving the woman who held up the  “Allez opi-omi” sign  in the 2021 Tour de France, resulting in a massive crash. That case involved unintentional assault and battery, for which she received a €1,200 fine. I assume they’ll send a stronger message in this case.

What’s the likelihood of success in this case?
“It’s actually quite a good chance. This isn’t just about what happened. You have to look at it more broadly. This is a real signal that needs to be sent. This can’t continue like this.”

What kind of punishment would you advocate for?
“Good question. I’m always in favor of some kind of mediation. I’d like to know what this person’s intention was, although I don’t know if Mathieu wants that, of course. Punishments in the form of fines are hard on someone’s wallet. I don’t think they’ll impose actual prison sentences. But community service might also be useful. Something like that doesn’t seem wrong to me.

These people also don’t realize the effort those riders actually put in. Not just at that moment, but throughout the year. They work towards such a race. If someone is drunk on the sidelines and decides to do something stupid or throw something, it can seriously disrupt those riders’ plans. Some apparently don’t consider this.

To what extent does it matter that the consequences are relatively minor? Van der Poel won the match and complained of “a lot of pain,” but at first glance, there were no injuries.
“That could change the sentence. If there were actual injuries or possible incapacity to perform personal work, then that could impact the sentence because it would constitute an aggravating circumstance, and clearly, in the form of compensation for the civil party as well. Because then you also have to recover the personal injury damages.”

How long can this case take or drag on?
“It always takes some time, because you have to build a case.  The person has come forward , and by now their identity is known. They’ll be interviewed, that will be reviewed, and then the case can be processed quite quickly. Especially because there’s been a fair amount of media attention, I suspect they’ll be expediting things a bit. This is also to be able to send a timely signal. Take the opi-omi case, for example: that took place during the 2021 Tour de France, so say in July. A ruling was already issued in December 2021. I expect a similar period will pass now. The perpetrator must also be able to defend themselves, of course.”

Now, Van der Poel is a Belgian resident, and the perpetrator has also turned himself in to the Belgian police. Could the criminal case still be moved from France to Belgium?
“In theory, it doesn’t seem entirely impossible, but I think it will definitely take place in France. Especially because the incidents took place there, but also considering the importance of the Paris-Roubaix race. It’s somewhat sacred there. I know that in very exceptional cases, they also prosecute in Belgium, but for that, quite a few conditions have to be met.”

Now Mathieu also said that if the UCI doesn’t pursue this, they’ll likely pursue it with the team. How exactly does that work?
“I assume the (French) prosecutor’s office will open an investigation. It’s been on international television. It would be strange if they decided not to pursue it or to launch an investigation anyway.”

Furthermore, I believe that each party has its own interests. After all, the ASO, as the organizer, also has a certain safety obligation. If someone commits these kinds of acts, it also affects an organization. They can also suffer damages as a result.  Alpecin-Deceuninck  can also bring this case as the party responsible for the rider. But the responsibility will primarily have to come from the rider himself. Mathieu was very clear about this in his interview, that he very clearly wants prosecution for this. 

The French branch of the CPA (cyclists’ union) also has an interest in this and can file a complaint, as they already did in the previously mentioned  Opi-Omi case.” ( Which they will also effectively do, Staf Scheirlinckx told  WielerFlits )

And then there’s the water bottle itself, which reportedly had “Visma | Lease a Bike” printed on it. Could that have any consequences?
“Only in the very rare case that this person acted on behalf of Visma | Lease a Bike. What kind of sabotage story would that be… I can’t imagine that. I’d rather imagine it the other way around. Strictly speaking, you could say that Visma | Lease a Bike also suffered damage to its reputation or image in this case. But 99% of the public will assume this is a coincidence and that the team had nothing to do with it. It could just as easily have been a water bottle with a different print.”

Summary: So the perpetrator will undoubtedly pay for what he did?
“Yes, indeed. These are unacceptable acts that deserve a serious warning. It’s a shame that one person messed it up so badly.”

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