14.35: Court adjourned
At around 14.30, today’s session concluded. Shortly before closing, the judge announced that the verdict will be delivered in three weeks, on Friday 21 February. Tomorrow, the substantive hearing will continue at 9.30. This will include the statements from the families of the Marlous and Romy, the neighbours of Fouad L. that were killed.
14.30: Erasmus MC files a damages claim of 400,000 euros
Erasmus MC has submitted a damages claim of 412,474.59 euros, to be exact. A significant portion of this – 100,000 euros – relates to repairs at the Education Centre after the fire, which were not fully covered by insurance. Additional claims include costs for psychological support, memorial events, and the commemorative monument.
The Public Prosecution Service (OM) is not supporting the full claim, according to the public prosecutor. It has been deemed too complex and an ‘undue burden on this case’. However, the OM does support the 100,000 euros for repairs to the Education Centre and 1,000 euros in damages from fire extinguishing. For the remaining costs, the prosecutor suggested Erasmus MC pursue a separate civil case.
Fouad L.’s lawyer argued that many of these documents were only submitted by Erasmus MC in recent weeks and involve substantial amounts of paperwork, often running to many pages. “The defence cannot properly contest this”, the lawyer said, arguing that the claims were overly complex, excessive, and submitted too late. “Some of these amounts are not direct damages but reflect choices made by Erasmus MC”, the lawyer added, referring to expenses like increased security and gatherings.
13.30: PTSD, mental suffering, and two million in damages claims
After the lunch break, discussions about compensation claims resumed. The sums involved vary, and most claims are being contested by the defence. One student described how L. aimed his weapon at her, and how she saw a green laser dot on her stomach. The defence argued that L. did not aim his weapons at the students.
The defence estimated the total damages claims at two million euros, which come from various parties and consist of multiple amounts. Today’s focus was on claims from Erasmus MC. According to L.’s lawyer, the high number of claims makes it difficult to respond to each one thoroughly. In court, there are nineteen lawyers representing multiple claimants, while L. is defended by just two lawyers.
11.55: ‘Barely spoke to family and friends, my relationship ended’
In a statement read aloud, a student described the life-or-death decisions she had to make in a moment of terror. “What should I do? Run or hide? In a split second, I had to decide, but every choice could have been the wrong one and the end of my life.”
She hid under a desk until flames broke out across the Education Centre. “Fleeing meant I could run into the perpetrator. Under the desk, I thought I’d never see my family and friends again.”
She became startled by unexpected sounds and people walking behind her. The events have had a long-lasting impact. “The world seemed to pass me by, and it felt like I was living in extra time.” She struggled with sleep, barely spoke to family and friends, and her relationship ended. She stopped exercising, failed all her exams, and eventually sought help after months of suffering. Now, she speaks with friends and family again, exercises, and studies once more.
However, due to the intense media coverage and the trial, the student is unable to fully move on. “I will feel relieved when this case is behind us.”
Fouad L. was given the opportunity to respond to her words. “That last statement really affected me, and actually all the speakers did”, he said. “Also, what you (the judge, ed.) said. I think I now better understand the impact this has had on other people. I wish the student all the best.”
11.45: EMC chairman speaks of ‘immeasurable grief’
28 September 2023 started as an ordinary day for all colleagues and students, describes Stefan Sleijfer, chair of the Executive Board of Erasmus MC. “They went to work, to class, all with the goal of helping sick people get better.” The turning point came with the words: “There has been a shooting at the Gk building”, he recounts. The ordinary day turned into a nightmare of ‘fire, fear, and the death of beloved colleague Jurgen Damen’. Sleijfer also describes the lecturer as someone who ‘prepared students for the medical profession with all his heart and soul. I still can’t comprehend it’.
The hours of chaos were felt throughout Erasmus MC, Sleijfer recalls. He and the other board members spoke with many different people: students from the classroom, students who tried to resuscitate – not knowing whether the shooter would return – and the resuscitation team that had to wait to enter the building until it was declared safe.
Students fled from the fire by jumping off a balcony, others hid in cupboards or toilets, and nurses barricaded the doors. In the Sophia Children’s Hospital, hide-and-seek was played with the children, Sleijfer says, as a way of keeping them safe. Surgeons continued their operations with the doors locked. “Immeasurable grief”, he concludes. “Some colleagues are still at home.” Thousands of lives – those of students, colleagues, and patients – have been affected, Sleijfer notes.
11.30 am: Student Jasper was an eyewitness and addresses Fouad L. directly
“One thing”, concludes medical student Jasper in his statement. He wants L. to remember what he says: “I will become a doctor. A good doctor.” Part of his words is drowned out by applause from the people in the public gallery above. They are deeply moved by the words and the courage of the 23-year-old student to stand there. “Above all, I will be a good person, just like Jurgen”, Jasper finishes.
Jasper was one of the students in the classroom where lecturer Jurgen Damen was shot by L. He was there as a student assistant. He begins his statement by addressing the relatives of Romy, Marlous and Jurgen. His voice falters for a moment as he describes how much he had been looking forward to 28 September, the start of a year of working with Jurgen. From the Consultations lecture, Jasper had been impressed by the lecturer. “His knowledge was vast, but his sense of humour perhaps even greater.” He describes Jurgen as someone with genuine interest in others.
The course of September 28 was Clinical Skills. “Stripped down to their underwear, students experience what it is like to be a patient”, Jasper explains. “What matters most is a feeling of safety, a feeling you completely destroyed”, he says, addressing L.
For a long time, Jasper felt guilty for running away. Should he have thrown himself at L. when he saw the green laser beam on his lecturer’s chest? L.’s words on the first day of the trial made Jasper realise that would have been completely pointless. L. had declared that he had no regrets about his actions. He had also stated that the students’ safety in the classroom had not been a priority in his original plan. “You confirmed what I had always thought: if you had carried out that plan, I wouldn’t be standing here today. What were you thinking yesterday? That I should be grateful to you? That I’m still here because of you?”
“I still live in near-daily panic. I wouldn’t call it living – it’s surviving.” Jasper relives shot after shot, along with the feeling of helplessly watching. There were moments when he thought it would be better if he were no longer here. That would put an end to all the sorrow and pain. “You’re not worth that”, the student now says to Fouad L. Jasper is back at the Education Centre, close to completing his bachelor’s degree, and is rediscovering the joy of teaching.
“Be honest, why Jurgen?”, Jasper asks L. directly. “He prevented you from making even more victims as a doctor.” He speaks of how much he misses Jurgen – from his knowledge to the sarcastic remarks he so valued. “There was still so much I wanted to learn from him. The moments I shared with him, I will cherish forever.”
11.00: 'Settlement payments bring discomfort into the courtroom'
After the statements from the Damen family, it is now their lawyer’s turn. Following the accounts from survivors, victims, those involved and relatives, the discussion will also focus on claims for compensation. The Damen family’s lawyer addresses the court, partly because the defence is disputing some of the damages claimed by Jurgen’s partner and sister, such as the costs for a double grave. According to the defence, that expense should not fall on L.
“Settlement payments bring discomfort into the courtroom”, the Damen family’s lawyer says. “Because what is this about? Compensation will not bring the loved one back. The amount of compensation will never compare to the loss suffered.” She describes Jurgen Damen as the gatekeeper who was tasked with ensuring that unfit and incompetent people would not practise medicine. And as a man who devoted himself wholeheartedly to education. The family’s lawyer argues that compensation addresses two needs for justice: recognition and holding the perpetrator accountable.
Fouad L.’s lawyer states that L.’s financial situation is dire. “He has nothing. He doesn’t even have clothes anymore”, the lawyer says. This, he explains, is why L. continues to appear in the same outfit. This time, L. is wearing jeans, a white jumper, and a blue rain jacket from the Penitentiary Institution in Vught, where he is being held. The same outfit as yesterday.
10.10: ‘It is so regrettable that the world has lost my father’
The court begins by reading out victim statements from the family of Erasmus MC lecturer Jurgen Damen. His daughter writes that she saw the news about the events of 28 September but was not immediately alarmed. She assumed her father would be safe. Still, she sent him a message to ask if he was okay. When she received no reply, she grew increasingly worried. Panic set in when the police arrived at the door. “My father, who never harmed anyone, who always wanted to help”, the judge reads on behalf of the daughter. “It is so regrettable that the world has lost my father.”
For Jurgen Damen’s partner, life has lost its spark, the judge continues. “Jurgen wanted to inspire students to become better doctors in an enthusiastic way.” His partner calls it bitterly ironic that this passion turned against him. She says she is now even prouder of him. The lecturer’s sister fully agrees: “I am proud to say that Jurgen Damen was my brother”, the judge reads on her behalf.
9.00: The programme
The second and third days of the trial of 33-year-old Fouad L. are reserved for victims and their relatives who wish to exercise their right to speak. Not everyone chooses to address him directly. Some relatives prefer not to attend the hearing. Others choose to speak via an audio recording or a pre-written letter. In such cases, the text is read aloud.
On the first day of the trial, L. said he did not fully understand what the day of the three murders, multiple threats and two arson attacks had been like for others. “I hope that by exercising their right to speak, they will give me a clearer picture”, he said.
