Artist Joost Pauwaert found guilty of homemade cannon charges, avoids sentencing

Artist Found Guilty of Weapons Violation but Avoids Punishment

The Ghent court ruled that artist Joost Pauwaert, 40, violated Belgian weapons legislation but granted him a suspended sentence, meaning he will avoid punishment. The case revolved around his art project Big Bang II, which featured two life-size cannons firing at each other at the Verbeke Foundation in Kemzeke, according to reports from 24brussels.

The East Flanders public prosecutor’s office charged Pauwaert with illegal possession and manufacture of weapons. The cannons, replicas of Napoleonic artillery, were part of a large-scale installation that took five years to complete. In a bid to ensure safety, the artist constructed a 50-metre-long tunnel on site, reinforced with concrete and earth.

The case emerged after Pauwaert revealed details of the project publicly in late 2023, leading to investigations and searches at both his residence and the Verbeke Foundation.

“I only wanted to make art”

In court, Pauwaert maintained that his project was purely artistic. “I only wanted to make a work of art,” he stated, describing the charges as a “Kafkaesque situation.” He emphasized, “If I had created a weapon, it would have been designed to produce rather than to destroy.”

Court’s Ruling: No Penalty Imposed

Pauwaert’s lawyer, Jan Leysen, argued for his acquittal, asserting that there was no malicious intent involved. “There was no moral element that would make him guilty of violating the weapons legislation,” he asserted. The Verbeke Foundation, also on trial, supported this stance, clarifying that the artillery piece was no longer operational and thus not a real threat.

However, the court determined that Pauwaert had indeed breached the law, noting, “A distinction must be made because these guns were indeed designed for military use,” according to the judge’s comments.

The court acknowledged the artistic nature of the project and criticized the handling of the case. “It is regrettable that this case was not processed differently,” the judge remarked, pointing out that no mediation was offered during the proceedings.

Both Pauwaert and the Verbeke Foundation received a suspension of their sentences, and the cannons were not confiscated. “A prohibited weapon must be forfeited, but the court finds that the weapons have been rendered unusable. Therefore, forfeiture is unnecessary,” the ruling concluded.