Public prosecutors have tried to nail the Hells Angels here several time for serious crimes, but never got compelling evidence straight. The largest case came to an end today (well there will be appeal) as the court threw out the entire case and let the suspects go. Reason? Misused phone taps: In my country, communication between suspects and their lawyers is private. If a suspects phone is tapped, it’s of course possible he calls or is called by his lawyer. The rule is that as soon as it’s clear such a conversation is being tapped, the tapping should be ended, transcripts should bes destroyed and investigators nor the court will be informed about the content. In this case, possibly 900 calls between suspects and lawyers ended up in the case files.
As it could not be unraveled which information could have been used against which suspects for which crimes, aka, which evidence should have been tossed out of the case, the court decided to do the only thing they could, denying the prosecution to proceed with the case.
They judged the severeness of the crimes the Angels were accused of, was of no importance to that decision. The breach of the fundamental right of a suspect to have a private conversation with his lawyer,is undermining the trust in the judicial system. In the ruling words like “serious, massive and repeated breaching of these rules”.
It’s beyond me the prosecution and police did not follow the clear cut rules for such a high-brow case. It is said several members of the investigation team repeatedly asked for the (mandatory) destruction of this material to not hamper the case.
Earlier on the nest: The protection of journalists.