Van driver guilty of smuggling migrants on ferry

Anas Al Mustafa was charged with assisting unlawful entry to the UK

A van driver has been found guilty of smuggling seven migrants into the UK in the hidden compartment of a vehicle on a cross-Channel ferry.

The migrants were heard banging and screaming for help as they struggled to breathe in Anas Al Mustafa's van on a Dieppe-Newhaven ferry in February.

They were eventually freed when a crew member used an axe to break down a fake partition to get them out.

Al Mustafa, 43, of Heather Crescent, Swansea, was convicted of assisting unlawful entry to the UK at Lewes Crown Court.

Jurors unanimously found the father-of-two guilty of trafficking people in the specially-adapted van.

The discovery at the East Sussex port sparked a major emergency services response, with ambulances, police and Border Force in attendance.

Jurors at Lewes Crown Court heard how the six men and one woman were being starved of oxygen and were suffering from dehydration in the concealed space which was 2m (6.56ft) wide, 194cm (76.38in) tall and 37cm (14.57in) narrow width.

Crew on the Seven Sisters ship heard pleas from inside the van on deck during the journey, the court heard.

The incident sparked a major response from emergency services

They were not provided with water, prosecutor Nick Corsellis KC said.

He told the court: “The heat created by seven people in such a small space and the lack of sufficient air/oxygen had created a highly dangerous situation.

“It was no doubt this mortal emergency that forced the migrants to call for help in desperation.”

Two of the migrants had lost consciousness by the time they were rescued at around 09:20 GMT, and all of the group were taken to hospital, jurors were told.

'Lucky to be alive'

An Australian nurse and passenger on the ferry, Sari Gehle, responded to a call to assist the crew and described the female casualty as “terrified”, gripping her arm tightly and repeatedly saying: “Vietnam, Vietnam”, so she understood the group were from there.

She recalled male casualties being on the floor, with one vomiting, and another with a cut across his left shoulder. All of them were given oxygen masks.

After the verdict, the court heard that while the younger migrants recovered from the dehydration and heat, one man had a possible heart attack, one woman had acute kidney injury and another man went to hospital in a comatose state and had a stroke.

The Home Office's regional lead for immigration enforcement Chris Foster said: “They are really lucky to be alive.

"The only reason they’re alive today is fortunately passengers on that ferry across to Newhaven heard the kicking and screaming of those people inside.”

The space was 2m (6.56ft) wide, 194cm (76.38in) tall and 37cm (14.57in) narrow width

During the trial, Al Mustafa denied knowing they were in the vehicle and told jurors he was “shocked” and “completely numb” at the discovery.

The father-of-two added it was the “most difficult day of his life”.

The court previously heard how Al Mustafa, who is originally from Syria but moved to the UK in 2010-2011, was introduced to a man called Badr the last time he was in Syria, who said he needed him to do a job for him driving a van.

The prosecution told the court in a police interview with no interpreter Al Mustafa said he was paid £500 on a previous occasion to drive the van to get an MOT in Liverpool, but for the February job he was being paid £5,000 to drive the van to the UK.

Jurors heard that Al Mustafa told police he did not know there were people in the van, but because he was being paid £5,000 he thought “maybe this time there is people inside”.

Two of the migrants had lost consciousness by the time they were rescued

When asked about the interview, Al Mustafa told jurors via an interpreter that the £5,000 sum was incorrect and he meant £500.

He also said he did not remember telling police he thought maybe people were in the van and did not know why he said that.

Instead, Al Mustafa told the court he flew to Amsterdam for a holiday and met Badr at the airport, who suggested he drive the same van he previously drove for the MOT to take it back to the garage as there was a fault with the gearbox.

The self-employed construction worker will be sentenced on 6 September.

Judge Christine Laing KC said Al Mustafa would likely receive a “substantial custodial sentence”.

'Clear message'

Mr Foster said: “It is an evil trade. These people are vulnerable, they are sold an idea that they would be coming to this country and they’ll get safe passage.”

The government said Al Mustafa's conviction sent a "clear message" to people traffickers.

Border security minister Dame Angela Eagle said: "This appalling incident could have easily ended in tragedy and everyone who was squashed inside this criminal's van is incredibly lucky to still be alive.

"We are sending a clear message that we will not tolerate this sort of life-threatening activity.

"Our new Border Security Command will work with partners across Europe to smash the business models of the criminal smuggling gangs and halt their activities long before they reach the UK."