Closure of drug premises rejected: resident’s problems not sufficiently taken into account

During a raid on the house in September last year, a cocaine press, aluminum containers, small scales and a pressing plate were found. Afterwards, Mayor Mark Buijs (VVD) of Oosterhout wanted to close the house. The man then went to the preliminary relief judge to challenge the closure.

Mental problems
The verdict of that lawsuit was published this week. The man is dealing with ‘serious mental problems. He has gambling debts and has been referred to the addiction care of the mental health service to help him get rid of them.

If the closure by the municipality continues, the housing company will cancel the rent. The man is afraid that he will then be put on a blacklist. The judge shares this concern: “It will be extremely difficult to rent another home in the region.” The judge believes that the mayor has not taken this into sufficient account.

Not dealt
The judge also discusses the items found. According to the judge, it is not clear what the aluminum containers and scales were used for. “Other items, such as foil, tape and flashlights, are found in many homes and cannot be directly linked to drug trafficking or drug production.”

According to the judge, there was no evidence that drugs were being made or dealt in the house. If that were the case, the violation of public order would have weighed more heavily.

After this ruling by the judge, the case was referred back to the objection committee of the municipality of Oosterhout. It is not yet known whether the man will be allowed to stay in the house permanently or whether the closure will be allowed to continue later. It is also not yet known whether the housing company will terminate the lease. Furthermore, the Public Prosecution Service can still prosecute the man.

In this episode of HOW..? we will explain to you the closure of drug houses.