Channel migrant people smuggler jailed after asylum seekers found starved of oxygen in hidden van compartment

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

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.

Jurors at Lewes Crown Court previously 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”.

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.

The trial heard how crew members 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.

Mr Corsellis 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.

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.

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 and saying “Vietnam, Vietnam”, so she understood the group were from there.

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

During the trial, Al Mustafa, from 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.

During sentencing, Judge Laing said she rejected these claims and said she was “satisfied you were not a mere driver” in the operation.

Minister for Border Security and Asylum, Dame Angela Eagle, said: “This evil criminal put seven people’s lives at risk for cash, it is a miracle they are still alive after the conditions they were put in at the hands of Mr Mustafa.

“We cannot let these criminal gangs continue to put lives on the line, which is why we are taking decisive action against those who undermine our border security. Our new Border Security Command brings together hundreds of specialist investigators who are dedicated to tackling the criminal gangs upstream before they get a chance to operate in the UK.”

Home Office Criminal and Financial Investigations regional lead, Chris Foster, said: “Today’s sentence is a clear message to the careless people smugglers who put profit over lives, we will continue to tirelessly pursue you and bring justice to those you exploit.

“The victims are extremely lucky to be alive. This harrowing case shows the extraordinary lengths criminals go to keep their business model going. My team are committed to staying one step ahead to make sure we stop them and protect lives.”

Lauren Doshi, of the Crown Prosecution Service, 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.”