Source: Press & Journal, Aberdeen. UK Contact: Tue, 30 Dec 1997 URL: www.pressandjournal.co.uk Author: Robert Taylor DRUGBUST DUTCHMEN COULD BE INNOCENT FOUR men convicted of being involved in attempting to land a huge consignment of cannabis in the Highlands were the innocent victims of an entrapment operation, it is being claimed. Documents seen by the Press and Journal cast doubt on the convictions of the Dutchmen caught in Operation Balvenie in July, 1996, during which Customs officer Alistair Souter, from Dundee, was killed. They suggest that an aerial surveillance video, used at the trial to show the Dutch yacht Isolda coming alongside a boat belonging to the men's five coaccused, may in fact show a completely different vessel. It is further alleged that the arrest of the men in international waters, without "reasonable grounds", breached international law. The documents form part of an application for an Abuse of Process ruling submitted to the Lord Justice Clerk on the men's behalf by Manchesterbased Justice for All. The group highlights alleged miscarriages of justice. It played a leading role in the acquittal of Rochadale man Stefan Kiszko and the Cardiff Three on murder convictions. If a ruling were granted, Liluwe Hoekstra, 57, Jan van Rijs, 52, his 29yearold son, Ronny, and nephew Hendrik van Rijs, 24, could walk free. They were jailed for a total of 48 years at a High Court sitting in Dunfermline in March. If it fails, the information will be used as part of the men's appeal against conviction, a date for which has yet to be set. James Stevenson, Justice for All's chairman and coprincipal, said: "These men are not criminals, they are not drug dealers, they are not drug users. We are convinced and satisfied beyond all doubt they have become victims of sheer, naked entrapment. "If all the facts do not come out, we will be campaigning for a public inquiry into the Scottish Customs service." Operation Balvenie, one of the most complex Customs operations yet undertaken in Scotland, climaxed with the alleged rendezvous of the Isolda with the former lifeboat Ocean Jubilee, east of Wick. At the trial, it was said the Dutchmen had transferred 3tonnes of cannabis, with a street value of #10million, during the 25 minutes the boats were together. The drugs were found on board the Ocean Jubilee when she was later intercepted by Customs vessels 16 miles from Wick. During that operation, Mr Souter was crushed between the former lifeboat and the Customs cutter Sentinel. The Isolda was stopped in a separate operation as she headed for Makkum in the Netherlands. The two men on board the Ocean Jubilee, Roderick McLean, 53, and Gary Hunter, 34, of Edinburgh, were jailed for 28 and 24 years respectively. Roderick McLean jun, 30, was jailed for 12 years and Brian Silverman, from London, received a 14year sentence for their involvement in the conspiracy. Justice for All alleges the drugs were never on board the Isolda and that Roderick MacLean sen, an acknowledged Customs and Excise informer, was trying to entrap the Dutchmen who were wrongly believed to be involved with the Dutch mafia. None of the Dutchmen had previous convictions, although the Van Rijses share a surname with a man wellknown in the Dutch underworld. Mr Stevenson admits he does not know what MacLean stood to gain from the setup. A crucial element in the Abuse of Process application is a report from BMT Offshore Aberdeen, official assessors called in to examine the Isolda. BMT says it would have been an operation "of some difficulty" to bring the Isolda and the Ocean Jubilee together to transfer the cannabis. The examination found "no evidence of damage to the deck edge fenders on Isolda as could be expected to be inflicted by the steelhulled Ocean Jubilee". After comparing the surveillance video with a later film of the Isolda under tow in Aberdeen Harbour, BMT says the tow video "gives further backing to the opinion that the vessel appearing at the start of the surveillance video not being the Isolda at all". In addition, the campaign group claims there were no grounds for seizing the Isolda in international waters as no drugs, guns or money were found on board. Other factors it is claimed cast doubt on the convictions are the possible contamination of forensic evidence, the placing of a tracking device on the Isolda while moored in Spain "without lawful authority", and the trial of all accused before the same jury. While the four Britons had more than 100 witnesses arrayed against them, only four were brought against the Dutchmen. The linking of the accused smeared the Dutchmen's case before the jury, the application alleges. Customs and Excise declined to comment on the matter yesterday.