A Dutch court has determined that while confidential information about Khadija Arib, a member of the PvdA party, was leaked to NRC Handelsblad on September 28, 2022, there is insufficient evidence to definitively conclude that Sonja K. was responsible. The ruling throws the investigation back to the daily board of the House of Representatives (Presidium), increasing pressure to investigate the potential involvement of politicians.
The court stated that other individuals could have been responsible for the leak. Sonja K. was the spokesperson for Vera Bergkamp (D66), Arib’s successor as Speaker of the House, and several senior civil servants who reportedly had disagreements with Arib. Her involvement was suspected after she led a brainstorming session discussing the possibility of deliberately leaking damaging information and had frequent contact with NRC before the leak occurred.
The acquittal concludes a multi-year legal battle for Sonja K., but the Arib affair remains unresolved. The court suggests that if the Presidium wants to uncover the source of the leak, they should commission the Supreme Court to investigate the actions of politicians. The Public Prosecution Service (OM) lacks the authority to investigate official misconduct by politicians unless a majority of the House or the Presidium agrees to a criminal investigation.
Current Speaker of the House, Martin Bosma (PVV), will face the decision on Monday of whether to initiate such an investigation into fellow politicians. An emergency meeting is scheduled to address the Arib issue.
The role of former Speaker Vera Bergkamp is also under scrutiny. Secret interrogations by the National Criminal Investigation Department, obtained by de Volkskrant, suggest her involvement might be more significant than previously thought. Bergkamp reportedly contacted civil servants who then contacted NRC and deleted email and app communications with Sonja K. and a former senior civil servant during the investigation.
Questions also exist regarding the role of Simone Roos, a former clerk now in police management, who was part of the group of senior civil servants communicating before the leak. Bosma must also decide whether to include himself in any investigation, as he was a member of the Presidium at the time of the leak.