Published 16.56
He was convicted of drug offenses after seizing drugs at the treatment center.
The routine search ended with a prison sentence for housing support worker Alan.
– I am being judged because I have done my job, he says.
It has been over four years.
On April 30, 2022, Alan worked at the treatment home for people with addiction problems in a city in central Sweden. Like so many other days, he carried out a so-called visitation, where the staff check the accommodation and look for things that could be, among other things, narcotics and other drugs.
At the accommodation, people with drug problems, such as heavy addiction, are cared for. It sometimes happens that narcotics are found that users have hidden in spaces or in their rooms.
– I have lived that very life myself, I have been a serious criminal, so I connected and noticed that there was something. I noticed they had started hiding stuff in public areas and what I found was a foil ball, says Alan.
As Alan continued his search he put the foil ball in his pocket, it would be locked in a safe when he was done.
Then the phone rang and it was Alan’s boss. At another residence that belonged to the care company, a person had become violent. The staff had alerted the police, who were unable to send a patrol. It was the eve of Walpurgis Fair. The situation was so threatening that Alan’s colleague had to lock himself in.
Alan was ordered there and left in a hurry and after a while managed to calm the person down outside the treatment home. A few hours later, a fight broke out with another resident. Alan stepped in and tried to defuse the fight. Pretty soon a police officer who was out patrolling the area arrived.
– They started searching me. Then they found the drugs. I explained the situation to them, says Alan.
Was ordered
The foil ball would later turn out to contain around 20 grams of cocaine. When he threw himself into the car to drive to the other residence, he had forgotten to lock the drugs in accordance with routine.
Alan explained to the officers that he was a staff member and that they could call his manager. The manager replied and confirmed this. The investigation reveals that Alan’s manager was the one who ordered him to the other residence to deal with a client. The manager also testifies that the person behaved threateningly.
The officers questioned Alan and they explained that his role in the investigation was as a witness and not as a suspect. Alan left his story.
A few weeks later, on his way home after finishing his shift at the same workplace, Alan was stopped in a routine check by the police. The police suspected him of drunk driving and Alan had to provide samples. All showed negative.
Then came a message he hadn’t expected.
– The two police officers who were there told me that I was suspected of drug offenses in connection with that incident at work.
“Can affect other professional groups”
The preliminary investigation against Alan was open for a long time before the prosecutor brought charges in 2024.
The district court considered that the action was negligent but acquitted him of drug offences. The court disagreed and the councilor held that there was nothing to prevent Alan from locking up the drugs.
The case was taken further to the Court of Appeal. The Court of Appeal largely shared the district court’s assessment but held that Alan had so called . He was sentenced to four months in prison for drug offences.
That image is not shared by Alan’s lawyer Tobias Enochson. Alan has not had any kind of intention – but it is only a matter of forgetfulness.
– It appears clear that Alan, when he receives orders to rescue his colleague in distress, forgets that he found the narcotics in the residence. Insight intent is also something that appears to be very theoretical, a rarely seen bird in reality. The Court of Appeal has also not bothered to explain how they thought, says Tobias Enochson.
Therefore, according to the lawyer, the case raises questions about where the line is drawn between intent and negligence. Limits that can be decisive for many others in society.
– There are many other professional groups that can end up in this situation. A number of professional groups such as police officers, doctors, customs officials, everyone who works in social services, HVB homes and Sis and care workers can find narcotics and then suddenly an emergency situation can arise, says Tobias Enochson.
During the trial, a senior doctor also testified and described the person who had become violent as “one of the most dangerous” admitted to the treatment home.
Aftonbladet has applied for the accommodation where Alan works. They do not want to answer any questions, but the operations manager says in a comment:
“NN is a valued employee and brings a lot to the business with his commitment. His past history adds an extra dimension to his work”.
Was a serious criminal
A few years ago, Alan had taken his punishment with what he describes as a heel kick. Then he lived as a criminal and in the underworld. When, several years ago, he was sentenced to five years in prison for serious drug trafficking and serious drug crime, he decided that he would leave.
The crucial point was that he was serving his prison sentence when his father died. In 2018 he was released.
– It made me wake up.
Today he is a father of two and lives with his partner.
– If I had worn it after a work shift – of course, I have myself to blame. But this was a situation where I was ordered. I hadn’t gone off duty, this happened as part of my work, says Alan.
It has been over four years since the incident occurred. For Alan, it has been four years of feeling trapped, he explains.
– What should I say to the eldest boy? I did my job and I got four months in prison for doing my job.
Want to see trial in HD
The sentence also has consequences for Alan and the life he has started to build since he left crime, he explains.
– Just what I have done since I left crime is not easy. For many years I have struggled to get back into society. It might sound easy, but getting a job, regaining the family’s trust, working on paying off your debts. It’s hard as hell but I’ve done it now. I had plans for the future, it feels like they’ve just been ruined now, says Alan.
Why didn’t you just hand in the drugs according to the procedures that existed?
– If I had thought about it, I would of course have locked it up. It’s a routine for us to do it and I’ve done it all the other times. But I was ordered, ran and got the key and drove to the other residence. Then my focus was completely on this person, says Alan.
Alan still works at the treatment home, where he is described as a stable and reliable employee.
The judgment against him has not yet gained legal force and he and lawyer Tobias Enochson have taken it further and are now hoping for a trial in the Supreme Court.
Why is this case so urgent that the Supreme Court should take it up?
– It is important that HD provides guidance regarding the situation where a person within the scope of their service is obliged to take narcotics, either by confiscation or in another similar way, and where the boundaries can go from the obligation to intervene to the situation then turning into criminal possession, says Tobias Enochson.
Alan is actually called something else.
