Timothy Murphy previously fined for people smuggling, his trial hears
THE trial of a Derry lorry driver accused of being part of a people-smuggling gang has been told he had previously been fined for trying to transport illegal immigrants into the UK.
Timothy Murphy, 33, from Elmgrove, is on trial alongside three other men over an incident in which 35 Afghans were found in a shipping container at Tilbury Docks on August 16.
Meet Singh Kapoor, 40, had died during the overnight crossing from Belgium toEngland.
Basildon Crown Court heard today that on August 5 – just 11 days earlier – Murphy had been fined £5,000 after officials found 12 Afghans in a locker inside a lorry he was driving.
The jury was told the vehicle was transporting frozen chips and trying to re-enter the UK through Coquelles in France.
Prosecutor Michael Goodwin outlined to the court that it had not been “a case of an energetic migrant chasing after and jumping on board in an attempt to smuggle their way on board.”
The immigrants were found when UK border officials selected the vehicle for a “heartbeat” check which uses specialist equipment to identify any individuals hidden on board.
In relation to the man who was found dead in the second incident, the jury was told that a forensic examination and post-mortem revealed the cause was an attack brought about by the irregular beating of his heart.
“The pathologist concluded the stress of being held in such conditions could have caused such an irregularity of the heart,” Mr Goodwin said.
The prosecutor explained to the court that lorry drivers have a responsibility to check their vehicles for people attempting to smuggle themselves on board, but officials have the discretion not to issue a fine under civil procedures if they believe the driver is an innocent party.
The prosecutor said Murphy was in regular contact with two of his fellow defendants – Stephen McLaughlin and Martin McGlinchey, both also from Northern Ireland – during the drive to Coquelles.
He further told the court that McLaughlin was the person responsible for making the booking for the planned crossing.
The second group of immigrants found on 16 August are understood to have fled persecution in their homeland before linking up in Europe.
They ranged in age from just 16 months to 72 years old.
According to the prosecutor, they were found distressed and struggling to breathe when dock workers heard noises from inside the shipping container.
The prosecutor said there was about 4ft of space in which the 35 people were forced to hide, above barrels filled with a “water-based liquid” to give the “appearance of a legitimate load” of alcohol.
He added that condensation was dripping from the roof of the container.
“This was a carousel journey. The only use of this container was to commit this offence,” he claimed.
Mr Goodwin made the case that the defendants had been involved in at least two attempts to smuggle people, taking “significant risks” to make substantial financial gains” as part of an organised crime syndicate.
Murphy, 34-year-old McLaughlin from Limavady, and 47-year-old McGlinchey from Coalisland in Co Tyrone, have all pleaded not guilty to conspiracy to facilitate illegal entry into the UK.
A fourth man – 38-year-old Taha Sharif, who lived in Tottenham in London at the time – has also pleaded not guilty to the same charge.
The trial continues.