CPS sends signal to illegal employers after Morecambe Bay convictions

24/03/2006

The Crown Prosecution Service says today's convictions of three people in connection with the drowning of 21 cockle pickers at Morecambe Bay in 2004 is a signal of intent towards employers who risk their employees' lives.

Lancashire Crown Prosecution Service reviewing lawyer Duncan Birrell says: "The victims died because their lives were considered less important than the pursuit of profit.

"This prosecution had two aims. To secure justice for those who died, and to secure justice for the way they were exploited while they were alive.

"Today's convictions send out a powerful warning that the CPS will aggressively pursue anyone who tries to recruit workers illegally into this country and put them to work with no regard for their safety or welfare."

As a result of this prosecution, three people were today convicted at Preston Crown Court.

The main defendant, Lin Liang Ren was convicted on 21 counts of manslaughter.

Lin Liang Ren was also found guilty along with his girlfriend Zhao Xiao Qing of conspiring to pervert the course of justice by trying to conceal who had sent the 21 cockle pickers out to drown in Morecambe Bay.

Lin Liang Ren, his cousin Lin Mu Yong who was also a gangmaster and Zhao Xiao Qing were found guilty of facilitating breaches of the Immigration Act by contributing towards illegal immigrants being put to work. Anthony Eden and his son David who owned the company who bought the cockles from the gangmasters were acquitted of the same charges.

Mr Birrell said: "It is workers who have no employment rights, no choice about the work they do, no rights to contact the authorities to complain about working conditions - indeed the need to avoid the attention of the authorities because of why they came to be in this country - who can be forced into carrying out hazardous work that nobody else wants to do.

"However every person has the same right to justice, whether they are an illegal immigrant or a UK citizen. I am particularly anxious that the victims' families should know this. Although England is so far away from their homes, our thoughts, sympathies and best wishes are with them at this time."

This case was so complicated and wide ranging that it took 18 months to prepare and the trial itself lasted six months.

Mr Birrell said: "To assist the jury in understanding and following the volume of information, we turned to the latest technology to create a computer programme which allowed the prosecuting counsel to present and lead the jury through evidence about people, vehicles, maps, mobile phone records and everything that linked the defendants into the offences.

"I believe this way of presenting the evidence saved more than a month of court time and was crucial in ensuring the defendants were convicted of the charges put to them."

The CPS called nearly 150 witnesses including survivors, eye witnesses, emergency service personnel who attended the tragedy and a variety of experts including:

• Queen's Guide to Kent Sands, Morecambe Bay - a royally appointed expert who has a knowledge of how the sands and channels shift on a daily basis
• A scientist specialising in coastal and estuarine processes and the interaction of wind and tides
• Several cockle pickers with many years experience in the industry, making them experts in their field
• A forensic accountant who could interpret how the Edens' company's financial information changed once they started to employ Chinese gangs
• A handwriting expert who could suggest who had been responsible for organising false cockling permits.

Mr Birrell said: "I would like to give my thanks to the many witnesses who have come forward and given evidence in court to contribute to this prosecution, especially those who had to relive the trauma of that tragic night.

"I would also like to thank Lancashire Police for their hard work and the quality of their investigation. Their co-operation and close liaison with the CPS from an early stage allowed us to build this case together and ensure the best prospect of ensuring justice for those who died."

Notes to Editors

1. It is believed that 23 Chinese cockle pickers were drowned in the incoming tides at Morecambe Bay on 5 February, 2004. This case included only 21 counts of manslaughter because the bodies of two further cockle pickers, presumed drowned, were never recovered.
2. It should be noted that Lin Liang Ren was charged with 21 separate counts of manslaughter relating to each victim, as opposed to one count of the manslaughter of 21 people. This means he faced a charge carrying a maximum life sentence in relation to each and every individual victim.
3. Of the 21 named victims, the 18 males (ages in brackets) were Yu Hui (38), Chen Mu Yu (30), Guo Nian Zhu (39), Lin Zhi Fang (19), Xu Yu Hua (37), Wu Jia Zhen (36), Wu Hong Kang (34), Xie Xiao Wen (41), Lin Guo Hua (37), Guo Bing Long (28), Zhou Xun Chao (38), Lin Guo Guang (36), Cao Chao Kun (35), Guo Chang Mau (18), Yang Tian Long (33), Lin Li Shui (33), Wang Ming Lin (37) and Lin You Xing (38).
4. The three female victims (ages in brackets) were Chen Ai Qin (39), Zhang Xiu Hua (45) and Wang Xiu Yu (27).
5. Twenty of the victims are from Fujian Province in southeast China and one is from Liaoning Province in northeast China.
6. For further details, please contact CPS Press Office on 020 7796 8105.