Andy Rootsey’s client (RS) was acquitted following a hard fought five-week Trial before the Lewes Crown Court in relation to an offence of conspiracy to assist unlawful immigration. Andy’s client was one of only two defendants to be acquitted in relation to the conspiracy.
The prosecution case was that the 7 defendants were engaged in an overarching conspiracy (referred to as “the family business”) to provide individuals with documents and logistical support to enable those that were not otherwise legally entitled, to illegally enter or exit the UK and evade immigration controls for financial gain.
Arrests followed in 2018 after border officers at Dover stopped a vehicle containing two of the defendants and three Indian nationals who presented fake UK passports to officials. Following further investigation, warrants were executed at a number of addresses and cash, paperwork, phones, computers and digital storage devices were seized. It was alleged that computers and devices attributed to RS contained evidence relating to over 30 foreign nationals including identity documents, passports, birth certificates. The prosecution also relied upon evidence that some identification documents had been digitally altered, modified and edited or were in the process of alteration. The financial investigation revealed multiple deposits into the defendant’s various accounts from foreign nationals over a sustained period of time.
The prosecution evidence included, mobile phone billing records, cell site data, ANPR evidence, financial analysis as well as analysis of digital exhibits seized.
RS accepted that the computer and device containing evidence relied upon by the prosecution had originally been his, however the devices were shared and therefore any number of others could have been responsible for the making or alteration of the relevant images. Moreover, the defence were able to establish that alongside files on the devices clearly belonging to RS, were other folders and files that appeared to relate to others and indeed RS had not accessed, created or modified evidentially significant material during the indictment period. As such the defence were able to assert that the significant digital evidence was consistent with such material having been created or modified by someone other than RS and he had not knowingly participated in the conspiracy.
At the conclusion of the Trial – RS was acquitted by the Jury of conspiracy to assist unlawful immigration.
RS appeared at Court on Monday 16th December 2024 in order to be sentenced in respect of 2 counts of possessing criminal property. Due to his acquittal in respect of the more serious count on the Indictment, submissions were made that it was wholly inappropriate to now regard him as being of high culpability, despite the conduct taking place over an extended period of time. The criminal monies that RS fell to be sentenced for receiving, flowed from criminality in which he had been found by the Jury not to have been actively participating in. Submissions were made that in all the circumstances the custody threshold could be considered not to have been met and an immediate custodial sentence would be disproportionate in his case.
Having heard submissions from learned Counsel, the Court proceeded to sentence RS to a 12-month community order and 150 hours of unpaid work.
Huge thanks to the excellent Oliver Renton of Crucible Chambers for his magnificent work and advocacy throughout, in what became something of a marathon of a case, that happily ended on a highly positive note.
