The Court of Criminal Appeal dismissed Olaitan Ilori’s appeal against his conviction on 12 counts of illegally trafficking immigrants into Ireland, finding that a customs officer had not unlawfully detained him during a baggage search at Dublin Airport.
Ilori was convicted on 4 July 2007 under the Illegal Immigrants (Trafficking) Act 2000. The counts concerned 12 adults among 14 Mauritian nationals who sought leave to enter Ireland at Dublin Airport on 27 October 2004. The trial judge directed acquittals on the two counts involving children.
The appeal judgment said the group had paid substantial sums to Micro-Data Info. Co. Ltd in Mauritius for documents to help them enter Ireland and promises of work permits. The court reviewed evidence that Ilori had met the group in Mauritius, travelled with them to Ireland via Paris, and was connected to documents promising work permits despite there being no specific jobs available. The judgment said he took back those letters in Paris and was found at Dublin Airport with receipts linked to payments by members of the group. The group was refused entry and deported the following day.
The court held that the offence is complete when a person organises or knowingly facilitates the physical entry into Ireland of someone they know, or have reasonable grounds to believe, is an illegal immigrant. It said crossing the country’s outer frontier is sufficient; passing through immigration control and being granted permission to land is not required. The court described the evidence against Ilori as overwhelming and rejected the argument that the Mauritian nationals were his accomplices, calling them victims of the scheme.
The main issue considered in detail on appeal was whether Ilori had been unlawfully detained by a customs officer while his luggage was searched. The search began at about 12.15pm, and Ilori was arrested at 1.50pm. The customs officer found receipts in a book in Ilori’s briefcase, contacted the Garda National Immigration Bureau, and continued examining the luggage while a Garda officer took the documents away and later returned.
Ilori’s counsel argued that the customs search had become detention to facilitate a Garda investigation, making the arrest and later evidence unlawful. The appeal court agreed with the trial judge’s finding that the customs officer was exercising statutory powers to examine the luggage and had not unlawfully detained Ilori or delayed the search to assist the investigation. It said the trial judge had applied no incorrect legal principle, rejected this ground, and dismissed the appeal along with the other grounds.
The judgment was delivered by Mr Justice Kearns on 31 October 2008.