Just one day after it started, the Limburg Court of First Instance has confirmed the major 'Costa' drug trial – one of the largest drug cases ever in Belgium – will be delayed for several months.
The large-scale drug trial on the 'Costa' case started at the court in Tongeren on Monday 10 March. The defendants, who imported at least 25 tonnes of South American cocaine through the Port of Antwerp, are on trial for charges relating to a criminal organisation, drug trafficking, money laundering and violations of arms legislation. 55 defendants and several companies were set to be questioned.
However, the proceedings were halted on day two after the lawyer of Tom Bastiaanse, one of the ringleaders, challenged the court (also referred to as the submitting of a request for recusal of the judges).
"The Limburg Court of First Instance has taken note of the request to recuse the judges in the Costa case," said Luc De Cleir, the spokesperson for courts and tribunals in Antwerp and Limburg. The court suspended the hearing.
No time to prepare
The team of lawyer Dimitri de Béco challenged the court because they argued he had not been able to speak to his client to prepare his defence.
The defendant worked as a drug transporter and has been dubbed the 'Escobar of the Kempen'. He was on the run until mid-February. He was arrested in Spain and hastily extradited to Belgium for the trial. Due to this lack of time, De Béco had asked to be the last to plea (on 25 March).
However, the presiding judge did not agree to this on Monday, which would make De Béco the first to speak for his client on Tuesday, after the Prosecutor's closing speech.
According to De Béco and his team, the refusal to adjust the schedule has created a "veneer of partiality". "The party then submitted the request for recusal, indicating their belief that the judges are not able to judge independently and impartially," De Cleir said.
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The judges now have two days to either accept the request for recusal – in which case the president of the court department will appoint other judges to study the criminal file – or refuse to abstain from the case. In that case, the request for recusal and the judges' response will be forwarded to the Antwerp Court of Appeal, which can then decide on the request for recusal within a few weeks.
"In both cases, this means that the Costa case will be postponed for at least a few months. The court will keep everyone informed," De Cleir concluded.
