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First fines appeal is heard in High Court
Page 6
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• by Mike Jewell
i BACK
The first haulage firm to appear its penalty under the new stowaway fines regime has been heard in the High Court at Chester this week.
County Fermanagh-based Loane Transport and driver Nicholas Turton were appealing against fres of .m500 apiece imposed after stowaways were found in the panniers of an artic at Dover last December, Director Mark Loane said the company had an effective system to prevent illegals and that Turton had operated it properly. Its solicitors had drawn up a written policy, with a statutory code of practice and checklist.
However, because its experience was that drivers hated written instructions, the policy had net been issued.
Instead, they used mobile phones and when they spoke to the drivers kept emphasising the procedures to be adopted. Other steps included removing spare wheels and other bodywork which could conceal people.
The trailer concerned was one of two in the fleet with panniers; these had caused problems back in late 2000, when six illegals were discovered hiding in its panniers, despite them being padlocked. The panniers were later removed on one trailer: they were not removed from the second trailer but it was not in service. However, due to the Christmas rush the trailer was pressed into service.
Loane didn't have time to remove the panniers and fit sideguards in their place; instead, the pannier padlocks were replaced with nuts and bolts, and the protruding heads hammered flat to prevent removal of the nut.
Paul Taylor, who doublemanned the vehicle, said that they had checked that the seal on the rear door and the bolts were intact at each stop. At Dunkirk, shipping firm Norfolk Line checked the trailer—the only way anyone could have gained access was by cutting through the bolts while the truck was on the car deck.
Clare Weir, for the Home Office, pointed out that when the company's solicitors had replied to the letter giving the reasons for the penalties, one of which was because the panniers were not secured, no mention was made of the bolts.
Turton maintained that he had told immigration officers about them. He denied saying the panniers were unlocked.
The hearing continues.