CANNABIS CONVICTION
Page 61
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• I would like to bring to the attention of all Continental drivers the case of an owner-driver who was employed by my company on a round-trip basis to Spain (CM 15-21 March).
Having tipped his load in Barcelona, he proceeded to collect his reload which consisted of one collection of wheels, the other was groupage to be loaded at Haniel International in Zona Franca.
On arrival, the driver was told to back on to the bank and "get his head down" for a few hours.
The driver was later told that he had been loaded, so he dropped the back and side, corded the tilt and left for the TIR park where he cleared customs and was sealed.
He arrived back in Dover to be informed that there was no paperwork and the earliest it would arrive from Spain would be Monday. He therefore dropped the tilt and went home.
In the meantime, his tilt was inspected by customs officials and found to contain cannabis. The driver completely denied all knowledge of the crate in question as he was not personally responsible for loading the groupage. He was then charged with knowingly importing (not importing as such).
In summing up at his trial, the judge said that the driver would have to know all the goods loaded on to his tilt and it did not matter if its contents were drugs, tobacco, arms, pornography or any other prohibited goods, he would be found guilty.
HanleIs loading staff denied all knowledge of the crate, so did everyone else, but the driver was still found guilty (all the while emphatically denying the charges) and he was subsequently sentenced to 13 years' imprisonment.
The reason for writing this letter is because no driver knows what the contents of a groupage load are. So taking this case and what the judge said every driver can be convicted even if the tilt is sealed.
I would like to hear from other drivers who have had the problem that when arriving at their point of destination the groupage load does not tall) with CMR as this judge seems to think that this does not happen. This gives smugglers a licence to load unmarked cases that they can claim as soon as the unsuspecting driver has cleared customs.
If, however, the drugs are discovered, it is the driver who has to appear in court and if found guilty of not importing, but knowingly importing, can be given a sentence of up to 14 years.
Gary Tarrant,
Canberra Freight Services, 2 Canberra Road, London SE7 7I3A.