It was one of the big dramas of Eurovision 2024 in Malmö: Dutch artist Joost Klein being disqualified from the final after an incident backstage where he was accused of threatening a photographer.
The reasoning from the EBU at the time was, that given the circumstances of what occurred and the fact that the police case would be handed to the prosecutor, it would not have been appropriate for Joost to participate in the Grand Final. This according to the statement released on the date of the Eurovision final.
But now the Public Prosecutor’s Office in Malmö has announced that it is closing the preliminary investigation.
– Today I have closed the investigation because I cannot prove that the act was capable of causing serious fear or that the man had any such intention
Senior prosecutor Fredrik Jönsson
The senior prosecutor elaborated to Swedish newspaper Aftonbladet:
“It was confirmed that there had been a movement towards the film camera by the accused and that the movement hit the film camera, but for it to be an unlawful threat I would have to assume, that his intention with that action was to induce serious fear towards or simply threaten her. Based on the situation, which was a quick sequence of events in a special situation, I cannot sufficiently prove that he did it to threaten her. I can’t conclude anything other than the intention was to influence the filming, he simply didn’t want to be filmed.”
According to Aftonbladet’s information, Joost Klein admitted after the incident that he lunged at the photographer with his fist. On his way away from the area, according to people on the scene backstage, he had expressed a lot of remorse of what happened and apologized several times. The photographer in question was said to have been shocked by the incident and was offered support afterwards.
The disqualification caused a lot of disturbance amongst the Dutch delegation and fans, and as of now the Netherlands aren’t sure they will participate in Eurovision 2025 in Switzerland.
Avrotros enters talks with the EBU regarding disqualification
“Until Avrotros is convinced that structural changes will be made to refocus on the artists and their musical message, we will continue to consider our participation in Eurovision.” Those were the words of Dutch public service channel Avrotros in a statement in June. Now Avrotros will enter into discussions with the EBU regarding Joost Klein’s disqualification, according to Dutch TV channel RTL.
“We have also just learned that the criminal investigation against Joost Klein by the Swedish Public Prosecution Service has been discontinued because there is no evidence of criminal conduct,” Avrotros wrote in a statement. “From the beginning we have said that this disqualification was unnecessary and disproportionate and that is now what it appears to be.”
Avrotros says it is ‘deeply disappointed’ that the Europapa adventure of Joost Klein and the whole of the Netherlands ‘was ended in this brutal way’. The next step is therefore the conversation between the broadcaster and the EBU.
That conversation will mainly focus on ‘this unjustified disqualification’: “We will also discuss all our other objections about the way things are going behind the scenes at the song festival, which we previously sent to the EBU in an extensive letter of objection and which have remained unanswered to date. Avrotros’ position is and remains that the song contest is about artists and their musical message. The EBU now has the floor,” says the Dutch broadcaster.
EBU says new developement isn’t impacting their decision to disqualify
The EBU issued a statement later Monday afternoon, in which Jean Philip De Tender, EBU Deputy Director General and Director of Media said:
“The EBU aims to ensure the Eurovision Song Contest is a show for everyone and is a safe place for staff, artists, guests and fans.
Like all responsible employers, we do not tolerate inappropriate behaviour and will always respond to any workplace issues that are reported to us.
The decision to disqualify Mr Klein from this year’s event was made in strict accordance with Eurovision Song Contest (ESC) rules and governance procedures, after an internal investigation.
In parallel, Swedish police decided to open a formal investigation into the conduct of Mr Klein during the dress rehearsal, which we understand was closed today without further action.
This was an investigation into whether a criminal act was committed and not whether Mr Klein behaved inappropriately and breached ESC rules and procedures. This new development therefore does not have any impact on our decision which we stand by completely.”
