A man (32) from Hollandscheveld was sentenced to nine months in prison for violent theft. But the court in Assen acquitted him on Monday.
The most important reason: his appearance does not resemble the description given by the victim from Hoogeveen of the perpetrator. In the early morning of June 4 last year, the Hoogeven resident was stuck on his bicycle on his way to work by a scooter rider, kicked off his bicycle and threatened with a knife. His backpack containing his phone and wallet was then removed from the bicycle basket.
‘Person with dark skin and black hair’
The victim told police that the person who robbed him had a dark complexion and black hair. He may have come from Mexico and spoke English with a Latin American accent. The man from Hollandscheveld, who sat before the judges two weeks ago, does not look anything like that. The judgment therefore states: “The court notes that the description does not in any way match the appearance of the suspect, a white man with short blond hair.”
The public prosecutor stated earlier at the hearing that it often happens that victims are so in shock that they give the wrong description. Moreover, there would be more evidence that the man from Hollandscheveld is responsible for the robbery. Investigation shows that shortly after the theft, the SIM card of the suspect’s phone was in the stolen phone.
In addition, according to the officer, the suspect’s statement about his stolen scooter, which is said to have also contained his telephone, cannot be verified. “His statement is also inconsistent and therefore unbelievable,” the officer said.
Not necessarily unbelievable
The court also finds that the suspect’s statement is ambiguous and difficult to verify on some points. “That does not necessarily make it unbelievable,” the court said.
In addition, the court is of the opinion that the mere fact that the SIM card of the suspect’s phone was in the victim’s stolen phone a few hours after the theft is insufficient to conclude that he is guilty of the robbery. “The court takes particular account of the fact that the victim’s description of the person who robbed him does not match the appearance of the suspect.”
The man from Hollandscheveld denied everything at the hearing. His lawyer Tineke Pieters had asked for an acquittal. Rightly so, the court ruled two weeks later.