Misguided stowaway in ‘unenviable position’
AN ASYLUM seeker who sought to stow away on a freight boat in Lerwick harbour in the mistaken belief that it was setting sail for Norway has been handed a seven-day jail sentence after refusing to pay a fine.
Forty five year old Orine Bakay, of no fixed abode, pleaded guilty to boarding the NorthLink cargo vessel Helliar on Sunday without the consent of the ship’s master when he appeared at Lerwick Sheriff Court on Monday afternoon.
Procurator fiscal Duncan Mackenzie said Bakay has had asylum seeker status in the UK since April 2012, and the offence was one you were more likely to come across in Dover than in Shetland.
Mackenzie said he was caught when crew members on board the Helliar saw a pair of legs dangling from the rear axle of a trailer.
“I presume the accused did not know the boat only went between Shetland and Aberdeen, as he maintains he was attempting to get to Norway,” the fiscal said.
Defence agent Tommy Allan said Bakay was of Berber ethnicity as part of the indigenous North African group.
Prior to coming to the UK he had lived for 12 years in Norway, where he has family spread over various locations, and wanted to get back there. Because he has no passport, he was unable to travel by legitimate means.
“He doesn’t want to stay in the UK,” Allan said. “He has no job, no family, no money, no citizenship – he wishes to get to Norway to settle there.”
The lawyer added that Bakay appreciated he had broken the law, but he would prefer to go to prison rather than pay a fine. The only money in his possession was sent by his family to support him as he does not receive any benefits.
Sheriff Philip Mann said he had “some sympathy” with Bakay’s plight.
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“It’s not an enviable position to be in, and it must be very difficult for you. Nonetheless, I cannot allow this matter to go unpunished.”
He imposed a fine of £150, reduced from £225 to reflect the early guilty plea, but as Bakay reaffirmed that he would refuse to pay the fine, an alternative of seven days’ imprisonment was triggered.
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