According to the prosecution, a 20-year-old from the northern district of habberge trafficked around half a kilogram of marijuana in 2017, which is why he had to answer to the juvenile court at the district court in habfurt on monday. There he was threatened with imprisonment.
But things turned out differently. Because the main witness for the prosecution failed to appear in court for the second time without excuse, the defendant got off with a fine of 700 euros, payable to the district youth council. He was "only" convicted for possession of a little more than four grams of the intoxicating "weed". He was acquitted of five counts of the indictment.
On three occasions in june 2017, the 20-year-old allegedly sold around 300 grams of marijuana to the main witness, according to the indictment. Another sale of over 200 grams had already been agreed upon. According to an investigating police officer from the coburg police department, evidence that the transactions actually took place was found when the defendant’s cell phone was analyzed. "Bring the money from last time", the accused wrote to the main witness via "telegram", a messenger service whose messages erupted only seconds after they were called up, according to the criminal investigation officer. For this reason, they had photographed the cell phone messages. The defendant used the pseudonym "hokuspokus" as a cover name for his narcotics business used to conceal his identity.
But this evidence of drug transactions alone was not enough for the court to convict him. The witness for the main prosecution, who did not appear, had also proved his implausibility several times in the past by falsely accusing innocent people, only to retract his statement afterwards. Another witness, who showed up on monday in shorts and a t-shirt, had severe gulps of recollection on the witness stand.
However, the court was able to prove two offenses against the defendant: in october 2017, a police patrol in upper franconia noticed a driver because of his speedy driving. When she stopped the car, the officers smelled a distinct odor of weed. The defendant was a co-driver at the time, who initially denied possession of drugs, as did the driver. Only when the officers threatened to use a drug-sniffing dog did the defendant shrug off a small bag containing three grams of marijuana and admit that it belonged to him. On 7. July last year, the accused was also on the road with a gram of weed in sand and was caught.
He is not completely unknown to the investigators. In 2016 he already came into conflict with the law once for drug possession. According to youth court worker franz heinrich, the adolescent was afraid of repression "from the scene, why he was already hospitalized in a psychiatric clinic. He dropped out of two training courses – probably also because he smoked several joints a day at the same time. But the 20-year-old had put the subject of drugs behind him, defense lawyer jochen kaller tried to put his client in a good light. Presiding judge martin kober interjected that the next warrant was already on the way because the defendant was caught with marijuana again. The prosecutor demanded a fine of 1500 euros for possession of the four grams of weed. The defense counsel considered 500 euros sufficient. The court of offences has decided to keep the punishment in the lower range, because the offences took place a long time ago.