The subdistrict court in Assen acquitted a 22-year-old man from Maassluis on Tuesday of smuggling telephones and other communication equipment into a penitentiary in Veenhuizen.
The case revolved around a package that landed on the grounds of a prison with the help of a drone on May 9, 2024. The package was wrapped in artificial grass. It contained an iPhone, a SIM card, two chargers and cords. DNA that matched that of the suspect was found on a button of a sandwich bag in which the items were packaged.
However, according to the Public Prosecution Service (OM), this was insufficient evidence to establish that the man was actually involved in delivering the package. It may well be that the suspect merely packed the items, the prosecutor said. She pointed out that the suspect had previously traded in telephones and SIM cards and invoked his right to remain silent during the investigation. At the same time, she stated that it could not be ruled out that someone else had delivered the package with the drone.
“Everything cries out for an explanation,” said the public prosecutor. However, she concluded that the evidence was insufficient and he asked for an acquittal.
The suspect’s lawyer agreed. According to him, no additional investigation had been carried out into the presence of his client in the vicinity of the prison on the day in question. “The client’s phone could have been searched for this and that did not happen.”
The judge ultimately followed the position of the Public Prosecution Service. According to him, it cannot be deduced from the DNA trace that the suspect was also the one who had the package delivered to the prison grounds.
The judge also pointed out ambiguities in the file. The indictment mentions the prison in Veenhuizen, while documents in the file refer to PI De Marwei in Leeuwarden. “I cannot determine where this happened,” the judge said.