Did he fall into the trap or did he know exactly what he was doing? And were there enough indications for the police to arrest him on the return journey from Amsterdam? Both questions dominate the criminal hearing of which Michael (37) and his interpreter Frans form the center. Good courageshe says, after his last word.
Six months ago he was stopped on the highway near Breukelen. The police searched the black Mini Countryman and discovered a stash of five kilos of ketamine and designer drugs: a kilo of 3M or ‘Poes’ and a kilo of 4MMC, also known as ‘Meow Meow’. Ketamine is a pain reliever, popular for its dissociative, dreamy effects.
Did the police have sufficient legal grounds to stop him? The lawyer believes that cars with French license plates on this arterial road are by definition regarded as suspicious by the police. The police argue that driving 140 where 100 is allowed and overtaking on the right were sufficient reasons. The search was allowed because the car contained disposable gloves, an air freshener and quite a few charging cords. Gloves are used to prevent fingerprints and spray is useful to mislead sniffer dogs. To ‘activate’ hidden spaces, charging cords are needed, the police know. And that Michael started erasing messages from his phone when the police tapped the window was also suspicious.
After initially denying, Michael finally told the police his version. Basically, he fell into a trap that his boss, a garage owner, set for him. He was sent to Amsterdam to appraise a car for export to France. However, he was met by “two men” who spoke Spanish and or Dutch, who took him to an “underground garage”, where they stored a key in the Mini with their own key. stairs (valve) managed to open, which Michael had never seen. It contained about five plastic bags. Then they sent him back to France. He tells the judge that he was threatened, “perturbé” (confused) and was unable to communicate with the men. That he was reassured by his boss by text message and that he also wanted “no trouble” himself. So just did what seemed easiest. So drive away, back home. Incidentally, one of the men followed him in a car – it didn’t turn off until Michael reached the highway. In the meantime, he received messages from his boss telling him not to worry. He himself was angry. The Mini was a company car, the stuff in it was not his. At home he would patron tell him what he thought of the situation.
Are French cars on the A2 heading south systematically pulled over by the police?
It gives him difficult questions from the judge and the public prosecutor in the courtroom. Why he apparently let all that happen, didn’t really protest, didn’t even send a digital message to his boss and didn’t go to the police. He must have figured out what was in those plastic bags, right? And why did he text his boss ‘don’t worry/ pas de soucisincluding a thumbs up? Why couldn’t he or his lawyer later explain in any way where that garage must have been? And why are there also pictures of hemp, hashish and weapons on his phone? The officer doesn’t believe a bit of Michael’s story. He demands twelve months unconditionally – Michael’s French criminal record (drugs, theft, weapon and deadly violence) is not taken into account. That ketamine is not a banned substance but a medicine is still a thing. Sometimes courts then acquit, sometimes it remains with a fine or community service. Guidelines are missing.
The lawyer takes Michael’s lead. His client has been tricked and threatened. He never had control over the drugs and knew nothing about the hidden space. With his unlawful, discriminatory arrest, the police exceeded their authority. And did those drugs have a foreign destination?
Two weeks later he will be jailed for 12 months: ten for the drugs and two for the ketamine. Michael “consciously accepted the significant probability that he was carrying hard drugs.” The State sells the Mini.