The correctional court of Leuven has today announced the punishment – and herstelvordering against Yanina Wickmayer, her father and their company as inadmissible. The tennis player was sued for possible bouwovertredingen to her villa in Diest, but escaped for the second time on a conviction by correct procedural errors.
Yanina Wickmayer (29) and her 65-year-old father have between the summer of 2012 and January 2013, their estate, The Biesthoeve in Diest in various ways expanded, even after a building permit is denied. They improved the property with an outbuilding, placed three doors, laid a kasseiverharding and rooiden an adjacent forest in full nature reserve.
Read also Wickmayers risking imprisonment and fine of 420,000 euro for bouwovertredingen to villa Geblunderd
The violations were established by the Agency Inspectie RWO (Spatial Planning, Housing policy and Immovable Heritage). That resulted in a stakingsbevel for the so-called alterations. The owners had a regularisatieaanvraag in, but that was denied. the
The court declares the criminal proceedings and the claim for recovery against the Wickmayers and their company The Biesthoeve now inadmissible. That is exactly the same pronunciation as on april 10, 2017, during the first process. When was geblunderd with the summons. Which was only notified to the company and the Wickmayers were never questioned or informed.
Six days late
Two years later, again to correct procedural errors on the basis of the judgment. On may 9, 2017, the legal counsel of the company an appeal against the first judgment. That seemed a strange decision because his client was not convicted. The Brussels court of appeal emphasized that appeal on February 26, 2018, moreover, “due to lack of interest”.
The public prosecutor of Leuven grip not to appeal, but started already in april 2017 a second prosecution for the same facts and the same court. The warrant for the new writ of summons dated 13 april, but was first constituted on 15 may 2017. Six days after the start date of the appeal. Six days late, as it turns out now.
No monsterboete
The subpoena is again not valid. “As long as the jurisdiction of the court is not exhausted, may a proceeding on the same facts would not be again brought be before the criminal court”, the court concluded. He grabbed to a judgment of the Court of Cassation of 11 may 1990.
The Wickmayers risked a prison sentence and a fine of 420,000 euro, but to go so freely. Neither of them is in the year 2019 registered on the large estate. Yanina has her domicile in Hasselt. Her father lives in Tenerife.