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No legal aid for Customs comeback

22nd January 2004
Page 6
Page 6, 22nd January 2004 — No legal aid for Customs comeback
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A Customs cock-up ruined an operator's business — and he can' have legal aid to appeal. Guy Sheppard reports.

AN INTERNATIONAL operator whose business was ruined after he tipped off Customs about stowaways in his truck has been refused legal aid to fight for compensation.

Brian Kent was fined 114,000 and had his Scania impounded at Dover in October 2000. Despite the fine being dropped. Kent had lost two years' income and the value of his truck.

A judge said he deserved £60,000 in compensation but could not order this because asylum and immigration legislation is not compatible with the Human Rights Act (CM I January). Kent's solicitor Jane George says: "We have lodged an appeal but he can't have legal aid to pursue it despite the judge's sympathetic ruling."

She explains that legal aid is only granted when there is a reasonable chance of success, and Kent's appeal probably needs a change in the law to succeed.

Kent, from Elstree, says he needs £40,000 for legal fees at an appeal hearing., he is asking a national newspaper to provide it: "If I have to stand up in court by myself or raise the money by fair means or foul twill do it." He adc that his barrister has told him he virtually certain of success if th case goes to the European Com of Human Rights — but this ca only happen once the UK leg; process has been exhausted.