The Public Prosecution Service (OM) will not appeal in cassation in the Maggiora drug case. The five suspects therefore remain at large. The court decided to release them because the Public Prosecution Service had not conducted a fair trial.
The drug gang was active between 2013 and 2015. The gang traded in kilos of coke and speed, including to the Netherlands, Germany and Sweden.
Main suspect Saied H. from Meppel was sentenced to eight years in prison. His right-hand man, Ivo J., made forty confessional statements and that earned him a lower sentence: three years in prison. Both did not appeal, but five other suspects did.
That appeal showed that the Public Prosecution Service had made secret agreements with Ivo J.. The court ruled that the Public Prosecution Service made promises to J., including about the sentence that would be imposed on him. The condition was that J. had to remain silent about this during the trial in court. And he did. The agreements only came to light during the appeal.
The court concluded that the Public Prosecution Service had circumvented all legal obligations. The principles of a fair trial were violated and the integrity of the investigation was compromised.
The Public Prosecution Service says it has made a ‘careful assessment’ and has decided not to appeal to the Supreme Court. “It was a difficult decision to make because there is a lot to be said for both options. But the fact remains that the Public Prosecution Service made mistakes in this investigation and that therefore a successful cassation appeal will not necessarily have a successful outcome of the cases. “
Furthermore, the Public Prosecution Service says it is looking at “what lessons can be learned from this case to prevent this in the future.”