Wrapping judges in the Costa drug case rejected (inland)
The many lawyers in the Costa drug case can put their agendas next to each other again. – © Belga
The Court of Appeal in Antwerp rejected the challenge of the judges in the Costa drug case. That can be read in the judgment. The defense can still go in cassation.
It was criminal lawyer Dimitri de Béco, lawyer of main defendant Tom Bastiaanse, who had laid down the petitions for the three judges before the start of the second day of the day, on 11 March. The Béco did this because it was not discussed his request to argue at a later date. Bastiaanse counsel was planned on day 2, but could not be present in Tongeren that day because he had an assize case in Brussels.
The Béco then stated that the judges of the correctional court in Tongeren had made his practical and effective defense impossible. The three judges, however, refused to withdraw from the case, after which the challenge was dealt with last week before the Court of Appeal.
Informed well in time
Today, a week later, the challenge is rejected. In the judgment, the challenge is declared unfounded because, according to the Court of Appeal, main defendant Tom Bastiaanse did know what to expect. For example, he was present at earlier sessions and aware of the referral and he could have prepared well in time.
That the Kempenaar had cut his ankle strap a year ago for the introductory session and the flight to Spain was not seen as a valid reason not to prepare for the case. A few weeks before the start of the trial on 10 March, Bastiaanse was again arrested and handed over to our country.
No partiality
« The Court finds that the defendant himself is responsible for the fact that he was only present in Belgium and his lawyer shortly before the court’s session on 10 March 2025. He was present with his lawyer at the start of the criminal case in October 2023 and only fled to Spain without preparing his defense or giving instructions instructions, » it says.
The judgment does not doubt the impartiality and independence of the judges. According to the judgment, they wanted to stick to the agenda of the process that was recorded a year ago in an objective way.
No fine
The Court therefore rejects the challenge, but does not make Tom Bastiaanse a fine because no abuse of law was determined when the request for wrecking was submitted.
Appeal is no longer possible, but the defense can go into cassation to check whether the Antwerp Court of Appeal has correctly applied the law.
