Returning to the Old Bailey today for the trial in relation to the deaths of 39 people whose bodies were found in a refrigerated trailer in Essex on October 23 last year. Image
Mr Judge Sweeney begins by explaining to the jury that they will this morning receive some agreed facts in a document. Mr Polnay for the prosecution will deal with these.
On the 10th Oct Witness X streamed a short video from his Instagram account. Witness X provided his mobile telephone for examination and this allowed police to ascertain that it had been used with 2 sim cars whilst in the UK.
One number was first used in the UK on the 11th Oct 2019 at 0942 and the other was first used in the UK 11th Oct 2019 at 0957.
On 23rd Oct police found a white trailer in which 39 bodies were found, this trailer was the same trailer dropped on the 10th Oct 2019 by Eamonn Harrison at Zeebrugge and picked up by Christopher Kennedy in Purfleet on the 11th Oct 2019.
This trailer was made the subject of a forensic examination. On an Evian bottle, on a brownie wrapper, a black carrier back and a white carrier bag inside the trailer were found finger prints of Maurice Robinson and on the inside of the trailer, the thumb print of Witness X.
Mr Judge Sweeney explains Witness X has been granted anonymity so that he can provide his best evidence. He instructs the jury that they must not hold his anonymity against the defendants because the witnesses' anxiety does not relate to the four men on trial before you.
Assess the evidence of this witness in just the same was as all the other witnesses, instructs Judge Sweeney.
Witness X confirms he is originally from Vietnam. He confirms his first language is Vietnamese. Witness X confirms he decided to leave Vietnam and travel to Europe in 2019.
Witness X (WX) says he travelled with a friend. He confirms he had family in Vietnam and that they did not travel with him. He says his family felt good for him, wanting to travel to Europe. He confirms they were happy for him to travel.
WX says he wanted to come to the UK. WX says he did not think it was possible for him to get a Visa to come to the UK but confirms that he thought he could get a Visa for Poland. When he left Vietnam he travelled to Poland first.
WX travelled by aeroplane to Poland from Vietnam. He travelled in February 2019 to Poland. He confirms really he wanted to come to the UK and the plan was to move on from Poland to the UK.
WX stayed in Poland "since February 2019 until, I can't remember, 6 months". WX studied in Poland whilst he was there, he confirms he had a Schengen visa. He already learnt some English back in Vietnam.
He studied business studies in Poland. When he left Poland he travelled on to France. He says "it was the next step to moving to the UK". He confirms he hoped to get from France to the UK.
WX says when he arrived in France he did know how to get to the UK "waiting in France to get some information from people, I don't know what, just hearings from friends or people in this community about the people can bring in other people from France".
He adds "it depend on the season, that is why I left Poland". He confirms he thought it was a good time when he left Poland to try and move on to the UK. When WX was in France he stayed with friends.
He confirms his friends were originally from Vietnam "we had a relationship from Vietnam". "In total, like one month, two month" WX stayed in France. He confirms that in that time he tried to find out how to travel to the UK.
He confirms he made contact with someone who could tell him how to do that. "I saw pictures on Facebook" WX says when asked how he got in touch. He confirms they were pictures of someone who had already made it to the UK.
WX confirms that person gave him contact details so he could make his own arrangements to get to the UK. Hieu was the person he was told to contact, he confirms that is a Vietnamese name and he understood that to be a Vietnamese person.
WX confirms Hieu was the person he saw on Facebook. Confirms Hieu told him who to ask for travel to the UK. He adds that he was given a phone number. It was a UK phone number. WX says that individual would put him in a journey to the UK.
WX confirms he thought the journey was going to be illegal. He confirms he wanted to make that illegal journey into the UK. He was told to use the app Viber.
WX contacted that individual by Viber and they confirmed they could make the arrangements for £13,000. He says "my parents paid by bank account in Vietnam". He confirms his parents are still in Vietnam.
WX says the £13,000 was paid after the journey was complete. WX confirms he was told where to go, "to go, he gave me a postcode". He confirms he travelled to that place. WX says he was told to bring nothing with him.
He confirms he was told not to bring his Vietnamese passport "nothing", no belongings. WX says he brought his phone and some clothes. WX says the location was "not in Paris, like one hour from Paris."
WX confirms he took a video on his mobile phone "I don't recall the location" but he confirms he took the video when he was at that place. He confirms it is by a lake.
WX confirms that video was taken on the 10th October, on the day he travelled to the address he had been given. "It was a flat" he confirms he went inside.
He confirms there were other Vietnamese people there, he says there were 3 people there when he got there, 4 with him and then 10 more came after. WX says "they just waiting for the journey" he confirms they were making the same journey as him.
He says there was someone there telling him what to do and what was coming next. Confirms that person was also Vietnamese. WX says he was told "before give me the phone number of him in France, he called me and said wait near the lake...
... then when he called me he could bring me to the flat. After that he said that ever body, he has to count ever body. He took some money from all those people for the taxi price."
He confirms this person took some money from him. WX understood that was to pay for a taxi. WX says the man said "nobody could bring phone and if you bring it... sorry, I'm not sure".
WX confirms other people kept their phones too. The man said WX could not use his phone while on the journey. WX was instructed to turn it off. WX confirms taxis arrived and he got into a taxi with the other people. WX says there were 2 or 3 taxis.
WX says there were only Vietnamese people in the flat the whole time. He says the journey took one and a half hours. "We stopped on the highway to go to the toilet" says WX.
WX says they stopped for 10 minutes. WX says the person who had been telling them what to do at the flat did not travel with them in the taxis. At the end of the journey WX says there was a big building like a factory on the right side and on the left side is a field.
WX confirms they all got out the taxis and went "hiding in the field". "The guy said to me" when asked how he knew how to do that. WX confirms the man in the flat told him what to do. He confirms he was given a picture of where to go and hide.
WX says he was hiding in the field for around 10/15 minutes. "It didn't hide anything, people can see you". After 10/15 minutes "English man drives a big truck and came to our place". WX confirms he saw the truck drive up and then the driver opened the truck.
"He opened the gates" on the back of the lorry. WX says "he bring all those people into the truck". WX says "he took me, he bring me", he confirms he lift WX into the trailer. WX says the driver did not speak to them. WX says the driver said "quickly" in English.
WX said the man "looked like an English man, tall, a little bit fat." WX says he didn't understand all the words the Englishman was saying.
WX says two Europe guys understood - "when we got in the field, two guys in the field already". He adds "they are tall, white". Not English. WX says he doesn't know what country they were from. WX confirms they got in the lorry too. WX says they spoke English.
"Keep quiet" was the only other thing the driver was saying as the people got onboard. WX says there was nothing else already inside the lorry. Once inside "he drive the truck and then after 30 minutes we stopped".
WX confirms the driver shut the doors before driving off. WX says there is a handle on the outside. He says he couldn't open the doors when he was inside. "Just dark" when asked what it was like inside.
WX confirms you can feel when the lorry is moving. When it stopped "he opened the door, the driver. He bring some water, he brought some water for us and said that if anybody want to piss yourself, do it in the back. And every body have to stand up together..."
**CORRECTION** "if you want to EASE yourself".
WX confirms no one gets out. The driver tells him there are bags that can be used should anyone need the toilet. WX says the driver told them "he said that stand up, at the head of the container, we had to stand next to the head...
... Not in the corner. Move all the things from the corner to the middle. You have to stand up together, make sure no holes. Keep quiet all the time." WX says when the driver knocked the door, knocked the container, that was the signal to stand up.
WX says the driver stopped again, opened the door and said "every body need to stand up". WX says on the third one he's not sure he opened the door. He says he can't remember if he heard a knock on the container.
WX says the driver didn't tell him why they needed to stand in the middle of the container. WX says "not all of them" understood what the driver was telling them what to do. He says the 2 Europe guys understood.
"In the second time when the driver opened the door, they talked with the Europe guys." WX confirms he could feel when the trailer was moved onto a boat. He says "we waiting in place like one hour or two hours, after that I can feel that something bring us in the boat".
WX says "the two Europe guys on the phone". WX says he didn't use his phone. WX says the Europe guys used their phones, opened the maps "and found out where exactly we was and we see this like next to the Ocean, a lot of containers. I saw some boats."
"Feeling like something, firstly they drive us like, they lead us by truck, something like that. Next to then, something like a lever, put down. I'm not sure lever or not, but I feel like I was in the boat" WX says he was on a boat for 7/8 hours before reaching the UK.
At the other end of the boat trip "every body tired, some sleeping." WX says he didn't sleep. WX says he could feel when they came back onto land. After that "we still waiting for a few hours and then we feel like somebody drive a truck and bring us go."
WX says they were driving for a couple of hours. At the end of that journey "a man opened the door." He says it was daylight. He says he knew he was in the UK. WX says he got out of the lorry, "I saw some people, people help us.
They bring us down like quickly and they say 'move fast' some of them opened the door already and lead people inside the car". WX says there were men and women in the lorry, girls, child, "like 15 years old". WX says the black cars were very close to the lorry.
WX says the people waiting for them were speaking English "they were not English, accent like Europe". WX says the road was like "in park, no, not like park, like far from London with trees, no buildings." WX says he got into one of the black cars and so did the others.
"The lead us". Then "they opened and lead us inside the car and then rolled up a blind (in the car) by the side and talking something. The man, he asked us, how you feel? Do you like this country? Are you okay? Something like that."
WX says this person asking the question was the driver of the car. WX says "that man had no hair and like an adult, white." WX says the cars were driven away to "I don't know. After that we move out of dust place, into a city. We don't have, it's just like for example...
they move on to a main road." WX says he thinks it was London. WX says they were driving for one hour. He says when they got to the other end of the journey "he drove us to a flat" - the man who arranged the travel.
WX says only the people who were in his car came into the flat of the man who arranged the travel. WX says the 2 Europe guys "both them go in another car" - a different car to WX and the other Vietnamese travellers.
"We have to stay there because after journey you have to pay". WX confirms his parents then paid. WX says he was kept in the flat for one day. Then he could leave.
WX confirms he still had his phone on his when he got to the flat "I opened my phone and tried to call my parents on Facebook and the man said don't call too much. Then he took out my sim. The France one." WX confirms he had a French sim card.
"He said he would buy me another one". WX confirms that was a UK number. WX says his plan to stay here was "to go to Home Office to apply for my papers". WX confirms someone spoke to him about how to do it, what to say. WX says he doesn't want to say how this was arranged.
Prosecution questioning of Witness X has concluded. Defence questioning begins with Witness X's knowledge "of the system".
WX confirms he spoke with his parents about his plans to get to the UK. "I have to get to Europe first" when asked how WX expected to get to the UK. He confirms Europe was just a "transit stop" to get to the UK.
When he discussed his plans with his parents they discussed that "the total for all the journeys, around £30,000/£40,000" for everything. When asked if that is a lot of money "that's too much money" said WX.
When asked why WX wanted to come to the UK he said: "Because of the language firstly and the system as well... Because in England you can apply for your papers and in another country they don't have it for people..."
Judge Sweeney clarifies, WX says you can apply for papers in the UK even if you have arrived illegally. WX says he wanted a better life for him and his "next generation", his children.
WX says he knew he might have to travel in a trailer, he knew that in Vietnam. WX is asked if he could just get a tourist visa and stay on? WX says "it's very hard for us to get a Visa to travel to the UK".
He says he did not try to get this Visa, "we don't have enough money or something like that to make sure I can stay here. They don't allow people like me in my home town to go to the UK...
... because I heard and we heard a lot of people tried to do that but they don't allow it so they decide to do that by this system". WX says he got a student visa, a Schengen Visa. He confirms he knew he could go anywhere in Europe.
WX confirms the studying he did in Poland was just waiting until he could come to the UK. WX says it cost around 15,000 - 20,000 Euros to get to Poland.
WX says: "We have to pay for accommodation in Vietnam to help get the Visa and then the school fees and everything like school, rent, everything in Poland, flights as well."
WX says he had heard from other people who made the journey before him to England. "I heard from Vietnamese people, there are 2 system to get in the UK and I chose another one that is called VIP...
... You have to stay in the forest and you know stay there for everyday and you have to go to get in the truck or open like, you open like the driver don't know..." WX says this would be in France, staying in the forest.
WX says he used the other system. WX says once you're in France you discover how much it is going to cost to get to the UK. WX confirms you knew it will be on a ship.
WX is asked about the number of people who travelled with him. WX confirms there were 2 Europeans. He says there were 15 people that were going to get on the trailer. He says there was definitely not more than 15.
WX confirms when he arrived in England he got into a car with three other people. With the driver who was the bald man. WX remembers someone behind him using a phone once they were in the car.
WX says "we can see outside but they can't see us". WX confirms he could see where they were going. WX says the driver contacted the individual in the flat in the UK before they arrived. "I'm sure that more than 8" people went to that flat, says WX.
WX confirms there were lots of other flats in the area. WX says the driver opened the door of the car when they arrived and then the man who owns the flat came out and led them to the flat. WX confirms he spent one night in the flat.
WX says he got a cab from the flat to the place where he had arranged to stay in the UK. WX confirms he was allowed to go wherever he wanted to go.
"When you decide to do this you pay £3,000 for the first time. And then step by step when you want to see or meet them to tell you the next step, you have to pay more until it is ready. It is going to see them. So I have to pay £6,000 for totals after that when I got my papers."
WX says these are Vietnamese people who tell you how to get your papers.
WX says he was told before he got to the field how it would work. Returning to the two types of ways WX has spoken about getting into the UK, he says of the other way he didn't use - "they have leaders...
... they would lead those people into that place with massive containers, they get in one of them until they are lucky they can pass. But the police will catch them or the driver will hear the sound and they will leave them there".
Turning to the system WX used, the "VIP system" - in an interview with police in Aug 2020 WX was asked about where the money went - £13,000 was spent on transportation - "yes and the Vietnamese people will take a part and they have to pay for another people as well"
WX confirms that the person in the flat in the UK will get his money. WX confirms that he knew English people would be paid and that European men were involved. WX confirms he was told he would be met by English people in the field where he hid.
In the interview to the police WX said "the Englishman was tall, like 2m tall". WX confirms he couldn't tell the police anything else about the Englishman.
WX confirms that he was using the VIP system to get to the UK where the lorry driver knows he was there. Not the other system where the lorry driver does not know they are there.
Court breaks for lunch
Witness X returns to answer further questions from the Defence. He's been asked to describe the cars that they all got into once they arrived in the UK. WX says he was in a Mercedes, he's unsure if they were all Mercedes.
WX adds "there was a black van" he calls it a van "because it has a slide door". WX says he didn't see the driver of the van. WX confirms the van and the other Mercedes were already at the flat in the UK when WX arrived.
That concludes the questioning of Witness X. Courts breaks briefly to allow the witness to leave.
Prosecution now returns to the evidence of Catherine Taylor, the police analyst, running through the timeline of events of the 18th Oct 2019/19th Oct 2019. And the communication between Ronan Hughes and Christopher Kennedy during that time.
Whilst they are communicating Eamonn Harrison's lorry is stationary near Zeebrugge. Hughes and Gormley are also in communication at this time.
The jury are now being shown GPS data showing the location of the trailer on the 18th Oct 2019 - the Titan Truck Park, Grays. They are now being shown CCTV footage of Kennedy driving the trailer into the park.
The court are now being shown stills of Hughes and Robinson inside the Ibis hotel on the 18/10/20 and then a still of Robinson letting himself into a hotel room, coming out of the hotel room and then heading to the bar.
The court are now being shown CCTV of Mr Nica using a tablet at the reception counter of the hotel. Hughes and Nica then walk to and enter the lift together before walking off to Hughes's room at 0039.
14 minutes later they both come out of Hughes's room, Nica still has the bag with him that he entered the room with. They go to the lift before appearing back at reception and walk towards the bar.
By the time Mr Nica reaches the bar he no longer has the bag he carried into and out of Hughes's room. CCTV now shows Hughes and Nica driving to the truck park. The car was at the truck park for almost 9 minutes in total.
Court concludes for the day - returning tomorrow at 1015.

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More from @JEMilneSky

19 Nov
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