“I don’t know how that cocaine got in my suitcase”
The district judge is located in the Zuidoost district. The neighborhood judge handles ordinary lawsuits from residents of the neighborhood. Small things that often have a major impact on the lives of these residents. The judge, social services and the local residents come together here. We walk together for a day.
The neighborhood judge has been working in the Venserpolder district for a few months now. There is a session every Monday. This day is all about petty crime, the week is about debt. The neighborhood judge listens to a person’s whole story and all the problems. The neighborhood judge works with the resident to find a solution. The building in the courtyard of one of the flats is spacious and fresh. The judge on duty today is Mirjam van der Kaay.
5 cases
It is well before the hearing and the judge is not in gown. Van der Kaay explains the course of events. She specializes in juvenile law. Today she is a police judge. Then there are minor cases. The judge will report at the end of the case.
Van der Kaay says that mayor Femke Halsema recently visited the neighborhood court. The mayor considers this an important project.
The powers and affairs are exactly as in the courthouse on Parnassusweg. The advantage, according to Van der Kaay, is that the atmosphere here is more informal, which means that conversations with the suspects run better. This becomes clear what is really going on in their lives. In addition, assistance from the neighborhood is present at the hearing. This means that help can be deployed immediately if necessary.
Today there are 5 cases up for grabs. The judge, the clerk of the court and the public prosecutor, the suspect, the lawyer and sometimes someone from social work debt counseling sit at a round long table. The first session begins. Court cases in the Netherlands are public and may be reported.
7 months acquittal
The first suspect enters with his lawyer. It is a man from Africa with a temporary residence permit. He does not speak Dutch and has an interpreter. His lawyer is a bit older and has a colossal leather bag.
The police came into contact with the suspect during a ‘ghost citizen action’. A house was closed 2 years earlier due to a hemp plantation. It was unclear whether the house was now occupied. That’s why the police called. There were people in the house, including the suspect. The suspect answered and officially not in the house. He may have been there by chance. There was a kilo of cocaine in a suitcase. Was it the suspect’s? Should the police open the suitcase?
The right amount that the cocaine trade is a problem in the city. It has a devastating effect on society. It says 7 months.
The judge questions the suspect. The prosecutor is demanding a sentence. The lawyer demands acquittal, because the police demands acquittal. The suspect has nothing to add. The judge then makes a substantive announcement. “There is not enough evidence for a since, because the evidence has been received. The police shouldn’t have acted like that. You will be acquitted. Your situation makes you vulnerable to bad people. Think about your future. I wish you the best.”
Love conquers
The next case involves a vandalism. A man destroyed a large part of the household effects in a fit of rage. His wife filed a complaint. He was angry and so was she. A lot has happened and now love has blossomed again, as pale as they sit at the table together before the neighborhood judge. They love eachother; are each other great love.
There was a lot of grief because they lost an unborn child. He has a criminal record. But the relationship is now good again, they will continue to live together. The sun shines brightly through the windows. The atmosphere is warm. The judge and the prosecutor are friendly. The social workers in the back of the room offer their help. The underlying to make use of it.
The man has learned to talk about his feelings and he has paid for the damage to the house. The woman says, “We are back together and he should not be punished further.” The judge convicted the man, but did not impose a penalty. The man and the woman smiled friendly goodbye to those present.
‘Thank you’
The third suspect is a cheerful boy in shorts with a cap on. He did not pay a fine for possession of a small amount of cocaine. He says he missed the envelope with the fine. Otherwise he would have paid him well.
The suspect has an old criminal record, says he occasionally smokes weed and never uses cocaine again. The judge asks what he prefers: a fine or a community service? He prefers community service, because he is now going to live on his own and wants to use all his money for that. The judge imposed community service on him.
The suspect says ‘thank you’ to the judge and praises the homely atmosphere in the neighborhood court. He feels for the first time really heard and started relaxing the room.
The next does not suspect.
denies everything
Then the last suspect of the day comes in. It is a man in his early 20s. The suspect was arrested because he was driving too fast with his scooter. Subsequently, a fairly large amount of different types of drugs was found. The indication indicates that they were not drugs for personal use but for trade.
The judge interrogates the suspect. He insists he has no idea how the drugs got into his scooter. “How did they get there then?” the judge asks forcefully. There are words that explain. He doesn’t convince the judge. The judge asks if “something is going on,” whether he may be in the throes of movement. The suspect denies that, does not want to comment. He says he doesn’t need help. The judge points out that the temptations of the drug trade are great, that boys like him are killed or end up in prison. She also points out the consequences for society. Then she announces.
He will be given community service and a calculation performed if he turns out to be doing something punishable again. The suspect considers it a ‘rare situation’. He also wants his vehicle back. When he is gone, the atmosphere in the room is depressed. In his case, the well-meaning magistrate doesn’t seem to be able to push him in the right direction today.
The day is over.
Knowing more
Photo: Paleis op de Dam, sculpture group in the room where the tribunal spoke justice.