People smuggler jailed for 10 years after migrants found 'starved of oxygen' in van at Sussex port
Bodycam footage released by the Home Office reveals the cramped space seven migrants were hidden inside.
A people smuggler has been sentenced to 10 years in prison after seven Vietnamese migrants were found starved of oxygen, in a hidden compartment in the van he was driving.
Anas Al Mustafa, 43, assisted unlawful migration, by trafficking the people in a specially-adapted van, via a ferry between Dieppe, in France, and Newhaven, East Sussex, on 16 February.
The discovery at the port sparked a major emergency services response, with ambulances, police and Border Force in attendance.
Sentencing, Judge Christine Laing KC said the offence “compromises the economic and physical safety of the nation and all of its citizens”.
She added: “The safety of this country and every other is dependent on knowing who is living in it.
“Desperate people are prepared to risk their lives to come into the UK, often with tragic consequences.
"They are exploited by those who profit from this trade and pay little attention to their safety.”
As well as the prison sentence, the judge also ordered the forfeiture of the van and Al Mustafa’s telephone and sim card.
Regional lead, Home Office Immigration Enforcement, Chris Foster said the migrants are "fortunate to be alive."
Home Office Immigration Enforcement, Chris Foster, said: "These people are sold a dream about coming to this country, they think they’re going to get safe passage to the UK.
The seven people are fortunate enough to be alive. The judge got it absolutely right when she said that this type of activity compromises the economical and physical safety of our country and our citizens."
Jurors at Lewes Crown Court heard how the six men and one woman were being starved of oxygen and suffering from dehydration in the concealed space, which was “the width of a human chest”.
Crew on the Seven Sisters ship heard pleas from inside a van on deck during the journey and used an axe to break down the fake partition that was hiding the people inside to free them.
Two of the migrants had lost consciousness by the time they were rescued at around 9.20am, and all of the group were taken to hospital and treated, jurors were told.
Prosecutor Nick Corsellis KC told the court 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 suffered a stroke.
Mr Corsellis KC had said the hidden compartment was two metres wide, 194cm tall and 37cm in narrow width, which forced the migrants to stand, and they could not move to any meaningful degree.
They were not provided with water, the prosecutor added.
Mr Corsellis said: “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.”
An Australian nurse and passenger on the ferry, Sari Gehle, responded to a call to assist the crew during the incident and described the female casualty as "terrified", gripping her arm tightly repeatedly saying: "Vietnam, Vietnam", so she understood the group were from there.
During the trial, Al Mustafa, of Swansea, 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 last time he was in Syria who said he needed him to do a job for him driving a van.
The prosecution had said 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."
Mr Corsellis asked the jury to consider whether this is a confession, adding: "We suggest that the defendant was not telling the full truth as to his involvement in the trafficking."
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.
Mustafa was arrested at the scene for trafficking people into the country illegally. As he was arrested, he frantically deleted material from his mobile phone which was discovered later as the extent of his crimes unravelled.
Officers at the scene had already identified Mustafa as someone they had stopped previously for attempting to smuggle shisha and cigarettes into the UK.
At Lewes Crown Court, on 29 August, Mustafa was found guilty of facilitating the breach of UK immigration law.
Minister for Border Security and Asylum, 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."
Specialist Prosecutor of the Crown Prosecution Service, Lauren Doshi, said: "The defendant in this case attempted to conceal his involvement in smuggling people into this country.
"A lot of effort had been put into adapting a van to hide people within the back of it in dangerous and potentially life-threatening conditions.
"All of this was designed to avoid the checks and border controls that we have to prevent unlawful immigration. He put the lives of those that he sought to smuggle into the UK at risk.
"The CPS is committed to working with law enforcement to identify and prosecute those involved in people smuggling.
"We will seek to pursue any money or assets gained through this criminality with our Proceeds of Crime Division."
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