“These are facts that are unacceptable and deserve a serious signal” – Notable sports lawyer weighs in on Mathieu van der Poel bottle incident

Mathieu van der Poel wrote another chapter in his legendary career last weekend, powering to a third consecutive victory at Paris-Roubaix. His dominant display on the cobbles of northern France further cemented his status as one of the greatest Classics riders in history.

But rather than celebrating the ride itself, much of the post-race conversation has focused on a dangerous incident that could have ended very differently.

While speeding towards victory at close to 50km/h, Van der Poel was struck in the face by a bottle thrown by a spectator. The object, hurled from the side of the road, made direct contact with the Dutchman and could have caused serious injury.

That it did not disrupt his rhythm or derail his race was as much down to luck as it was skill. We reported yesterday that the individual responsible has now turned themselves in to French police, but the fallout is just beginning.

With the suspect identified, the legal process is expected to unfold swiftly. WielerFlits spoke with sports lawyer Ben Leyman to understand how such an incident would be prosecuted and whether Van der Poel’s demand for a harsh penalty, reportedly calling it "attempted manslaughter", holds legal ground.

“Then the supporter would have to have had the intention to kill him. That might be going a step too far. Let us above all hope that this person did not have the intention to kill. I assume that this is not the case. In Belgian standards, attempted manslaughter would therefore be a somewhat too severe qualification. In this case, this should rather be classified as 'intentional assault and battery’.”

While Belgian law would consider this a case of assault, the incident occurred in France and will be prosecuted under French jurisdiction. Leyman compared it to the infamous "opi-omi" case at the 2021 Tour de France, where a fan caused a mass pile-up by holding a cardboard sign into the road.

“In Belgium, the punishments for intentional assault and battery range from eight days to six months and/or a fine of at least 200 euros. If it is done with premeditation, the punishment is at least one month to one year in prison. And then the fine is at least 400 euros.”

“Now the offences were committed in France and so the case will normally also be heard there. There, the same offence is punishable by fines and/or prison sentences. Take the case of the lady who held up the sign Allez opi-omi in the 2021 Tour de France, which resulted in a massive crash. That case involved unintentional assault and battery, for which she was fined 1200 euros. I assume that a stricter signal will be sent in this case.”

Given the dangerous nature of the act and the global attention it has received, Leyman believes the courts will be keen to make an example of the perpetrator.

“This is not just about the fact that happened. You have to see it in a broader sense. It is really a signal that needs to be given here. This cannot continue in this way.”

For Van der Poel, this wasn’t an isolated incident. Over the years, the Alpecin-Deceuninck star has increasingly found himself the target of hostile behaviour from sections of the crowd.

At the E3 Saxo Classic earlier this spring, a fan spat at Van der Poel during his winning ride. According to Het Nieuwsblad, that individual will now face a fine.

“I really don't understand why people do that,” Van der Poel said after E3 to Cycling News. “I mean, it's not the first time. I was also spat at during the World Championships last year. I'm done with it.”

The incident he is referring to happened on a cyclocross bike, where he has been spat at and had beer thrown at him multiple times, and he retaliated by spitting back.

“I race in a certain way, but that should not be a reason to get spat at or booed. It’s really not okay. In my opinion, the organisation needs to start taking action. These things are unacceptable.”

The incident also brings back memories of Van der Poel’s own legal troubles during the 2022 World Championships in Australia. Then, the Dutchman was arrested following a confrontation with two teenage girls who had reportedly knocked on his hotel room door repeatedly the night before the race. Although the charges were later downgraded and the case resolved, Van der Poel was heavily scrutinised in the press.

That experience now stands in stark contrast to his current position, not as the accused, but as a victim of inexcusable fan behaviour.

Asked what kind of punishment might be appropriate in this case, Leyman advocated for something impactful, though not necessarily custodial.

“I am always in favour of some kind of mediation. I would like to know with what intention this person did that, although of course I do not know whether Mathieu needs that. Punishments in the form of fines are felt in someone's wallet. They will not impose effective prison sentences – I think. But a community service order might also be useful. Something like that does not seem wrong to me.”

Leyman also highlighted how fans often fail to understand the scale of the commitment riders make to events like Paris-Roubaix, and how easily reckless actions can destroy months of preparation.

“These people also do not realize the efforts that the riders actually make. Not only at that moment, but also 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, this can seriously thwart the plans of those riders. Some people apparently do not think about that.”

Should Van der Poel have sustained serious injuries from the incident (or been forced to abandon) the legal consequences for the perpetrator could have been even more severe.

“If there are real injuries or possible unsuitability in performing personal work skills, then that can have an impact on the sentence because then there is an aggravating circumstance and evidently in the form of compensation for the civil party as well. Because then you also have to recover the personal injury damages.”

Given the media spotlight and urgency around the case, Leyman expects a relatively quick resolution, much like the “opi-omi” case in 2021.

“That always takes some time, because you have to create a file. The person has reported themselves, in the meantime the identity is known. He or she will be interrogated, that will be looked at and then the file can be processed quite quickly. Certainly because there has been a lot of media attention, then I suspect that they are putting some urgency behind it. Also to be able to send a signal in time.”

“If you take the opi-omi case for example: that took place in the Tour of 2021, so let's say in July. A verdict was already given in December 2021. I expect that a similar period will pass now. The perpetrator must also be able to defend himself of course.”

The trial will almost certainly take place in France, not Belgium.

“I think it will take place in France anyway. Especially because the facts took place there, but also in view of the interests of the Paris-Roubaix race. That is somewhat sacred there.”

Leyman also believes the French authorities will take this seriously given the scale of international media coverage and the symbolic value of Paris-Roubaix.

“I assume that the (French) public prosecutor will open an investigation. It was on international television. It would be strange if they decided not to take this to court or to start an investigation anyway.”

As for the outcome?

“These are facts that are unacceptable and deserve a serious signal. It is a shame that one person messes it up so badly.”

Leyman notes that multiple parties, including Van der Poel’s team Alpecin-Deceuninck and race organisers ASO, could theoretically take legal action, though the rider himself is the central figure.

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

Addressing wild speculation that the act could have been linked to rival teams, Leyman dismissed the idea outright.

“Only in the exclusive 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 would 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 that this is a coincidence and that the team had nothing to do with it. It could just as easily have been a bidon with a different print.”