The Amsterdam court sees no reason to conduct further investigation into data carriers that crown witness Nabil B. would have had in his cell in 2017.
Several lawyers in the Marengo trial had requested this, but this request was rejected by the court on Monday.
The court also sees no reason for further questions in the presumed "dominant position" that B. would have occupied in prison.
According to the court, this does not make a substantial contribution to the question of whether B. is reliable with regard to the statements he has made.
It recently became known that shortly after his arrest in 2017, B. had a USB stick, a USB dongle (with which you can access the internet) and a hard drive on a cell.
This is apparent from a letter from the director of the prison where B. was imprisoned.
The items were seized after a cell inspection.
B. indeed says that he had a USB stick, but it would only have contained music.
He says he knows nothing about a dongle.
The hard drive belonged to his Xbox game console, he said.
Which version of the story is correct can no longer be checked because the items have been lost.
According to the court, there are no indications that the objects were deliberately lost by the Public Prosecution Service or the prison director and further investigation is therefore not necessary.
Some lawyers would have liked to hear from the then prison director, because it could be deduced from reports from B. that he was being blackmailed by the crown witness.
"I have the director by his balls," Ridouan T.'s lawyer, Inez Weski, quoted one of B.'s messages to his partner.
"I now decide things here. They can't do anything to me."
The messages were found on B.'s iPhone, which he had on his cell for a period in 2017 and 2018.
B. kept silent about the existence of the telephone for a long time.
Most of the contents of that phone were recently added to the file and raised many questions in the defense.
The court says it is not clear whether it can be inferred from the reports that there were violations of integrity, extortion or blackmail by B. in 2017, or a dominant position of the key witness in prison.
What is more important, according to the judges, is that this matter says nothing about the reliability of B. as a key witness.
The court says it ultimately has to decide whether B.'s statements about Ridouan T. and his co-defendants can be used as evidence.
According to the judge, the background of the above messages does not play a role in this and therefore no further investigation will take place.
The Marengo trial will resume on December 7.
That will happen to Ridouan T., because the request to split his case from the rest was rejected.Keywords: