LONDON: An Iranian asylum seeker jailed on smuggling charges for helping to direct a vessel carrying migrants across the English Channel has been cleared of all charges at a retrial after spending 17 months in jail.
Fouad Kakaei, 31, was rescued by British border enforcement officials in July 2019 while crossing to the UK from France in a crowded dinghy with several others.
He was then deported to Denmark before making his way back to the French coast and making a second crossing attempt in December that year.
He was sentenced to two years and two months in jail in January 2021 after admitting to British authorities that he had actively commandeered the vessel because he “didn’t want to die at sea.” The court of appeal overturned his verdict in March.
Kakaei’s lawyers argued at his retrial this week that it was wrong to have found him guilty of breaking immigration laws because he was hoping to claim asylum via being rescued at sea.
The Crown Prosecution Service (CPS) has been challenged by charities over its decision to prosecute migrants guiding vessels from France to England, with campaigners arguing that the legal action could be linked to political pressure.
In March, Prime Minister Boris Johnson said his administration would “ruthlessly stiffen the sentences for anybody who is involved in this kind of people smuggling and trafficking human beings across the Channel.”
Kakaei’s lawyer Aneurin Brewer of Red Lion Chambers told The Guardian that his case could lead to other migrants currently in jail on smuggling charges being freed.
“The critical point is that the individuals on the boat were intending to be rescued at sea and were not planning to disembark and enter illegally. That means there was no breach of immigration law,” Brewer said.
“This verdict throws into serious doubt the viability of future prosecutions. A large number of cases had been paused while this specific case was resolved, and it is difficult to see now how they can go ahead. It also raises very serious questions over the convictions that have been secured to date, including migrants who are serving significant prison sentences. There are individuals who pleaded guilty but who will now be potentially able to go to the court of appeal,” he added.
“Our case here was unusual in that he had crossed the Channel twice and the first time, for specific reasons, he had not claimed asylum and was sent to Denmark where he attempted again to reach the UK. Despite this he has still been found not guilty. So there will be other cases stronger than his.”
A Home Office spokesperson said: “We are deeply disappointed by today’s verdict and are considering next steps in conjunction with the Crown Prosecution Service. The government is it determined to crack down on the criminals who facilitate illegal entry into the UK and put lives at risk.”
A CPS spokesperson said: “We have been working with law enforcement agencies to develop updated immigration legal guidance, setting out our approach to small boats and other illegal entry cases, which will be published shortly.”
