32-year-old Fidan J. from Belgium has been acquitted on appeal for his involvement in the fatal home invasion in Gees. In June 2016, Koert Elders (69) was killed by brutal violence during this robbery.
According to the Court of Appeal in Leeuwarden, there is insufficient evidence that the Belgian was involved in the robbery. That is why J. was acquitted. Two years ago, J. was convicted by the court in Assen for his involvement in the robbery. He was sentenced to ten years in prison.
The Public Prosecution Service (OM) said in mid-December that it had sufficient evidence to have the Belgian sentenced to eight years in prison. “He knew that a blow was struck in the house in Drenthe and that violence was not avoided. He knew the violent characters of the co-perpetrators and did not intervene,” the Advocate General said in December during the appeal.
In the eyes of the Public Prosecution Service, J. would also have been guilty of theft with violence, resulting in death.
The court sees this differently. The file does contain incriminating circumstances that may indicate the Belgian’s involvement in the home invasion. The telephone records show that the man had frequent contact with co-suspects shortly after Elders’ partner called the police.
Moreover, J. and co-suspects were found in a car during a police check on the evening of the robbery. J. lied about his travel destination. The court was able to establish that J. was waiting for the other suspects in a second car approximately 30 kilometers away.
However, according to the Court of Appeal, the question remains what J. did there. The telephone conversations did not make that clear either. All in all, this means that the judge sees insufficient evidence of a possible contribution by the Belgian in this robbery. The man was completely acquitted.
J. is one of the four men who were arrested shortly after the robbery in Gees. According to the judiciary, he was involved as a driver in the robbery in 2016. The Public Prosecution Service said in December that there were no indications that J. had actually been to Elders’ home. Three other men, two Belgians and an Amsterdammer, have been convicted for their involvement.
The men took money from the safe. They left Elders’ partner tied up. Elsewhere was so badly injured that he died from his injuries. J.’s three co-suspects were ultimately sentenced to thirteen years in prison.
J. was then released because the Public Prosecution Service allegedly made too many mistakes. The court then ruled that this was not correct and the criminal case had to be retried. The court in Assen sentenced J. to ten years in prison in 2022.
The Belgian appealed. With success, as it now appears.
The Public Prosecution Service can take a final step and submit the case to the Supreme Court. The highest court examines whether the procedure has been followed correctly. The facts are then not reassessed. It is not yet clear whether the Public Prosecution Service will take this step.