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.