Hero or smuggler? Briton on trial for helping migrant girl

[Jonathan Fairfield]

Hero or smuggler? Briton on trial for helping migrant girl
ELAINE GANLEY, Associated Press


BOULOGNE-SUR-MER, France (AP) — A French court must decide whether a British man who went on trial Thursday is a smuggler or a hero after he tried to spirit a 4-year-old Afghan girl from a squalid migrant camp in the French city of Calais to family members in Britain.

Just before the trial, Rob Lawrie appeared with the girl in his arms at a news conference in northern France, pleading for understanding of what he acknowledged was "an irrational choice."

Lawrie's case epitomizes the clash between the heart and the law amid Europe's record-breaking migrant influx. The 49-year-old faces charges of aiding and abetting illegal immigration. If convicted in his one-day trial, he faces a maximum prison term of five years and a 30,000-euro ($32,000) fine.

"What you're looking at here is a waste of life. She's living in a refugee camp," Lawrie told reporters as young Bahar Ahmadi smiled timidly for the cameras. "People call it smuggling ... I was rescuing the little girl."

He agreed, however, that his decision was misguided.

"I'm sorry. I regret it and I wouldn't do it again," he said.

After the press conference ended, Bahar ran to her dad, Reza Ahmadi, outside.

Lawrie, a former carpet-cleaner and soldier from the Leeds area, had been helping migrants as a volunteer when he was caught Oct. 24 by French border police with Bahar Ahmadi tucked away with her teddy bear in a cache in his van.

The child had been living in the Calais camp, which is mired in mud and now home to at least 4,200 migrants trying to sneak into Britain. It is the biggest of several migrant camps that have sprung up in northern France.

"I had told her father 'no' many times," Lawrie said in an interview last week with The Associated Press at his house in Guiseley, 210 miles (335 kilometers) north of London. "But half past 10 one rainy night, when she fell asleep on my knee as I was leaving for the ferry, I just couldn't leave her there anymore. All rational thought left my head."

Lawrie stresses he took no money to transport Bahar across the English Channel. However, an official connected to the case says the charge against him amounts to alleged smuggling even if it does not involve a network. The official asked not to be named because he was not authorized to speak publicly ahead of the trial.

That the child was tucked into a small hiding place raised questions in the minds of investigators, the official said.

Lawrie is among hundreds of volunteers helping migrants amid a surge of people fleeing the war in Syria, violence in Afghanistan or poverty in Africa.

Lawrie, with four children of his own, said his passion to help was awakened in September after seeing the photo of 3-year-old Aylan Kurdi washed up on a Turkish beach. He raised funds for migrants, traveled to Calais to help them build up the camp. He spent so much time on this his wife left him.

French authorities are trying to crack down on smuggling and deter immigrants from risking the journey, but critics say they are also targeting migrant helpers.

A retired university lecturer, Claire Marsol, transported two Eritreans in France illegally from the Nice train station to another nearby train station. She was convicted in December by a court in Grasse of aiding their travel and fined 1,500 euros ($1,639).

"They continue to intimidate volunteers," said Rafael Flichman of Cimade, an association that aids migrants.

Two Eritrean migrants had also slipped into the back of Lawrie's vehicle, but Lawrie said he knew nothing about them and police believed him. They are not part of the case.

-- (c) Associated Press 2016-01-14

[theguyfromanotherforum]

Angela Markel.... hero or smuggler?

[JetsetBkk]

Lawrie, with four children of his own, said his passion to help was awakened in September after seeing the photo of 3-year-old Aylan Kurdi washed up on a Turkish beach.

He should've watched more Youtube videos.

[Scott]

Usually, unaccompanied minor children are allowed to reunite with the parents. I wonder why this girl wasn't legally allowed to be with her father?

[Pete Beale]

Usually, unaccompanied minor children are allowed to reunite with the parents. I wonder why this girl wasn't legally allowed to be with her father?

The father is in the economic migrant camp at Calais.

[NeverSure]

If I was his attorney, I'd raise the "Necessity" defense and hope for the best. American law is based on English common law and that's how I know about this - the pleading is available in both places. The outcome would solely depend on the particular judge one had. This defense is often called "The lesser of two evils" defense.

His chances might be slim, but imho it's all he has.

-------------------------

"In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which this defence has succeeded, and in general terms there are very few situations where such a defence could even be applicable. The defining feature of such a defence is that the situation is not caused by another person (which would fall under either duress or self-defence) and that the accused was in genuine risk of immediate harm or danger.

For the most part crimes that could be justified as necessary are minor in nature, such as driving over the speed limit to reach medical care, or damaging property to escape a fire.

The Crown Prosecution Service has historically chosen to exercise its discretion not to prosecute those cases where it believes potential defendants have acted reasonably in all the circumstances, and as such where necessity is a strong defense."

More

[TheCruncher]

Two Eritrean migrants had also slipped into the back of Lawrie's vehicle, but Lawrie said he knew nothing about them and police believed him.

It seems as if all rational thought has left his head quite frequently.

[arjunadawn]

Two things can be true at the same time: this man is both hero and smuggler. Clearly the law may have been broken but clearly it could be argued there was imperative. Not all laws are just laws or always just. The question is, in a society of laws do you prosecute for something like this?

[webfact]

Suspended fine for Briton in refugee smuggling case



"Compassion was in the dock today and France sent out a message that compassion will win. France is a humane country. They want the best for these refugees who've had bad press, with young men getting on trains and trucks..."

PARIS: -- A former British soldier received a warning and a suspended 1,000 euro fine after he tried to take an Afghan girl from France to the UK.

Rob Lawrie had been asked by the four-year-old’s father to drive her to relatives in the north of England.

“I’ll tell you this one thing you know: compassion was in the dock today and France sent out a message that compassion will win. France is a humane country. They want the best for these refugees who’ve had bad press, with young men getting on trains and trucks and what have you. You guys need to start reporting the real story and telling the world about children in these camps that are going to die this winter if we, as a European nation, do not help them now,” he told reporters after the court hearing.

Lawrie had been a volunteer helper at the migrant camp known as “the jungle” in the French town of Calais where Bahar and her father lived.

The ex-soldier hid the girl in a compartment over the driver’s seat of his truck, but French police caught him and sent her back to her father in the camp.


-- (c) Copyright Euronews 2016-01-15

[Gillyflower]

Well you can calm down. He got off with a 1,000 euro fine.

[RuamRudy]

Lawrie, with four children of his own, said his passion to help was awakened in September after seeing the photo of 3-year-old Aylan Kurdi washed up on a Turkish beach.

He should've watched more Youtube videos.

His sympathy was not with the poor boy's father's dental health - he saw that the children were suffering through no fault of their own, and he wanted to help.

[phitsanulokjohn]

Suspended 1000 euro fine.Commonsense prevailed.

Edited January 15, 2016 by phitsanulokjohn

[sanukjim]

Angela Markel.... hero or smuggler?

It sounds like the "ignorant and Stupid" mistake of someone with well meanings not using his head for something besides a hat rack. Regardless he still may end up in prison as even though the judge or jury may be sympathetic the immigrant issue in Europe may make the pressure on them to convict him for jail.

Edited January 15, 2016 by sanukjim

[wabothai]

Two things can be true at the same time: this man is both hero and smuggler. Clearly the law may have been broken but clearly it could be argued there was imperative. Not all laws are just laws or always just. The question is, in a society of laws do you prosecute for something like this?

Just for the books prosecute him a little bit.

[Baerboxer]

Two things can be true at the same time: this man is both hero and smuggler. Clearly the law may have been broken but clearly it could be argued there was imperative. Not all laws are just laws or always just. The question is, in a society of laws do you prosecute for something like this?

The problem is if he was allowed to take the little girl to "close family relatives" in UK, then how many others would suddenly find relatives and want to ship their kids over?

Her father is an illegal migrant trying to illegally enter a country where he believes he and his daughter will have a better economic future, complete with many social and welfare benefits. No doubt a great many in the Calais camps, those paying Turkish traffickers, and those walking through Europe all feel the same. But, it's not practical, or currently legal for them to simply go anywhere they want, hold their hand out and be looked after by others.

Sounds a little harsh, but the reality is, the whole of Africa, poor Middle East and Pakistani simply can't be allowed to uproot and plant themselves in Europe.

The French court has made a sensible decision imposing a suspended fine only.

Edited January 15, 2016 by Baerboxer

[bangon04]

Suspended 1000 euro fine.Commonsense prevailed.

The French are happy to send a message that if anyone else wants to try taking a few "refugees" over to England, then they will not be too bothered....

Has been that way for years. A migrant who gets caught trying to illegally enter England is handed over to the French police. They are escorted to the gates of the camp and free to try again.

Edited January 15, 2016 by bangon04

[boomerangutang]

I'm glad he got a slight penalty. The law has to also look repercussions. What if an onslaught of do-gooders showed up and started plucking children from the bedraggled masses at Calais and elsewhere? It's not far-fetched. The good-Samaritan may have got a lot of people thinking along the same lines.

[mikebike]

If I was his attorney, I'd raise the "Necessity" defense and hope for the best. American law is based on English common law and that's how I know about this - the pleading is available in both places. The outcome would solely depend on the particular judge one had. This defense is often called "The lesser of two evils" defense.

His chances might be slim, but imho it's all he has.

-------------------------

"In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which this defence has succeeded, and in general terms there are very few situations where such a defence could even be applicable. The defining feature of such a defence is that the situation is not caused by another person (which would fall under either duress or self-defence) and that the accused was in genuine risk of immediate harm or danger.

For the most part crimes that could be justified as necessary are minor in nature, such as driving over the speed limit to reach medical care, or damaging property to escape a fire.

The Crown Prosecution Service has historically chosen to exercise its discretion not to prosecute those cases where it believes potential defendants have acted reasonably in all the circumstances, and as such where necessity is a strong defense."

More

You DO realise that he was arrested and prosecuted in FRANCE right? They use Napoleonic Law. Very different from English Common Law or US style law.

[SOTIRIOS]

...what a mess....

[Steely Dan]

Those whose heart strings are pulled by the plight of this young child should reflect on the millions of children in similar situations, should they all be smuggled in Merkel style. If the child turns out to be what is termed a 'grappling hook' baby and family members are waiting in the wings to join the child then the cynicism of such a move takes the breath away. The press will of course have moved on long before any such reunion takes place.

Edited January 15, 2016 by Steely Dan

[mikebike]

Those whose heart strings are pulled by the plight of this young child should reflect on the millions of children in similar situations, should they all be smuggled in Merkel style. If the child turns out to be what is termed a 'grappling hook' baby and family members are waiting in the wings to join the child then the cynicism of such a move takes the breath away. The press will of course have moved on long before any such reunion takes place.

I guess the 'grappling hook" is reserved for immigrants past... White european immigrant families to North America used this "hook" quite effectively...

Edited January 15, 2016 by mikebike

[Scott]

Usually, unaccompanied minor children are allowed to reunite with the parents. I wonder why this girl wasn't legally allowed to be with her father?

The father is in the economic migrant camp at Calais.

The girl is probably better off with her father. The conditions in the camp sound harsh, but 'close relatives' are not a substitute for a parent.

Some people may remember the battle over Elian Gonzalez, the Cuban boy whose mother drowned on the way to the US. He was with relatives, but was returned to his father in Cuba.

There are a lot of ways to help children, but removing from a parent shouldn't be done without very, very good reasons.

[mikebike]

There are a lot of ways to help children, but removing from a parent shouldn't be done without very, very good reasons.

Like the father asking you to?

"I had told her father 'no' many times," Lawrie said in an interview last week with The Associated Press at his house in Guiseley..."

[stickylies]

Him good man... him handsome too.

[Mr Money Bags]

Call me cynical, but wouldn't this be the PERFECT cover story for a pedophile?

Maybe I am too jaded......

You're Welcome!!

[mikebike]

Call me cynical, but wouldn't this be the PERFECT cover story for a pedophile?

Maybe I am too jaded......

You're Welcome!!

No - that was one of my first thought as well - and I assume it was one of the authorities first thoughts... not their first time to the pedo rodeo... They would have checked his background before offering up the charges and verdict.

[Ulic]

He was a people smuggler, a little of his rocker with his wife leaving him because he was

spending so much time helping migrants in Calais. If you are going to suspend the sentence

why not make it a little heavier. As it is it sends a zero deterrent message.

[oneday]

It amazes me that any country can find the time and the will to prosecute someone for this, given the current situation, with every country trying to find room for all the refugees. France should be ashamed of itself. They have too many other refugees to deny this little girl a loving home...assuming it is a loving home she would be going to.

Let him go to Britain...do a background check on him and his family and move on people...there's too much to do.

[Saradoc1972]

Usually, unaccompanied minor children are allowed to reunite with the parents. I wonder why this girl wasn't legally allowed to be with her father?

The father is in the economic migrant camp at Calais.

The girl is probably better off with her father. The conditions in the camp sound harsh, but 'close relatives' are not a substitute for a parent.

Some people may remember the battle over Elian Gonzalez, the Cuban boy whose mother drowned on the way to the US. He was with relatives, but was returned to his father in Cuba.

There are a lot of ways to help children, but removing from a parent shouldn't be done without very, very good reasons.

The problem here is that all our European states with our emphasis on human-rights are being held ransom by the suicidal and irresponsible behaviour of those economic invaders. Which is what most of them are. Daddy wants asylum in the UK, no other place will do. Hardly what someone running for his life would do.

I am not saying some of those people could not have a place in Germany or other European countries, if they are talented and motivated and particularly Germany should have made up its mind on an immigration law years ago. I don't like the invading part.

Daddy and daughter have been in that camp they call The Jungle for who knows how long, conditions there are dreadful, but he wants to stay there with his toddler daughter, no matter what, until he miraculously makes it over the Channel. Then starts imploring some brainwashed do-gooder to "safe" her, because it's so hard there.

This is amounting to ransom in my book, in his circumstances daddy should have settled for asylum in France or somewhere else along the way, for the sake of this daughter.

So putting this Briton on trial is OK in my book. Suspended fine? I did this once when working as a prosecutor... very rare outcome, but I can't really talk about France. Point is, we can't have smugglers running about, not criminal ones, not well-meaning ones, this needs to stop, if necessary by putting up deterrents.