The court awarded more than 41,000 euros to 33-year-old Fidan J. from Belgium, after he was acquitted of the fatal home invasion in Gees in 2016.
Koert Elders (69) died during the robbery. At the beginning of this year, J. was ultimately not convicted after eight years of legal wrangling. There was insufficient evidence for theft with violence resulting in death. Three of J.’s co-suspects have previously been sentenced to thirteen years in prison. The men entered the home and tied up Elders and his partner.
Elsewhere he was so badly beaten that he died. The men took money from the safe. J. was released in Assen at the time, because the court found that the Public Prosecution Service (OM) had made too many mistakes. The Public Prosecution Service appealed against this. The defense also argued at the court that the many formal errors prevented a fair trial.
The court thought differently. If a conviction were to result, these ‘opacities’ would at most lead to a reduction in the sentence. The telephone records show that J. had frequent contact with the co-suspects shortly after Elders’ partner called the police. He and the co-suspects were also found in a car during a police check on the evening of the robbery.
It has also been established that J. was waiting in a second car thirty kilometers away at the time of the robbery. But according to the court, that is insufficient for a possible contribution to the robbery. J. was in pre-trial detention for 216 days. Due to the final acquittal, he is entitled to compensation of 130 euros per day, plus the days at the police station.
Because the Public Prosecution Service did not provide sufficient transparency when deciding on pre-trial detention, the compensation is higher than the standard compensation.