Bart Stapert, a former lawyer for crown witness Nabil B., has received a disciplinary warning for breaching confidentiality by confirming information to the Public Prosecution Service (OM) without consulting his client. The Disciplinary Board found that Stapert should have realized Nabil B. might have a different perspective on the matter.
The issue stems from a disagreement over whether an agreement existed to deduct a 7-month prison sentence for firearm possession from Nabil B.’s final sentence. Nabil B. was arrested with a firearm in a staged event coordinated with the OM to facilitate his disappearance for providing testimony in exchange for a reduced sentence against Ridouan T. Nabil B. believed his lawyer was supposed to ensure this deduction.
Stapert disputes that any such agreement was made. However, a handover document from 2018 suggests otherwise, mentioning that the sentence for the weapon would be discounted later. Nabil B. filed a complaint against Stapert in 2022, accusing him of negligence, improper case transfer, and breaching confidentiality.
While some of Nabil B.’s complaints were deemed time-barred, the Disciplinary Board upheld the claim regarding the 2021 confirmation to the OM. The board acknowledged Stapert’s “clean disciplinary record” and the “special situation” he faced, being under intensive protection due to his involvement with the crown witness.
The ruling was initially withheld from publication due to security concerns related to the Marengo trial, which involves six liquidations and multiple attempted murders. The trial has also been marked by the deaths of Nabil B.’s brother, a confidant, and his lawyer Derk Wiersum.
Stapert has appealed the decision to the Court of Discipline and declined to comment. Peter Schouten, Nabil B.’s current lawyer, has also confirmed the appeal and will not comment while the case is pending.
A document submitted in the proceedings reveals that Nabil B. felt Stapert prioritized the OM’s interests over his own and did not negotiate the crown witness deal aggressively enough. Nabil B. was allegedly urged by the OM to withdraw his complaint against Stapert, raising questions about the OM’s involvement in the matter. Schouten questioned the OM’s interference in the complaint against the lawyer. The OM has declined to comment.