Lorry drivers jailed after row over parking space at Moto Medway service station on the M2
Three Romanian lorry drivers have been jailed after a fellow countryman suffered multiple fractures in a row over a parking space at motorway services on the M2. Haulage boss Bogdan Joja, his father Traian Joja and pal Simion Rafiala landed themselves in court after taking umbrage when another trucker pulled into what they regarded as their "reserved" bay at the Medway Services.
Having initially dragged Marian-Emil Gaspar from his lorry cab, they then turned their attention to his brother, Ilie-Constantin Gaspar. Although he was punched just once, the blow delivered by Bogdan Joja was so forceful that he was knocked unconscious to the ground and, as a result, suffered a brain bleed, a two-minute seizure, and fractures to his eye socket, ear canal bones and collarbone.
Police were called, the three assailants were arrested, and, having subsequently pleaded guilty to affray, appeared at Maidstone Crown Court on Wednesday (May 6) for their part in what a judge described as "appalling, unprovoked, and serious violence". Joja Jnr, 32, also faced sentencing for inflicting grievous bodily harm to Ilie-Constantin Gaspar. The court heard that the three defendants and their victims were all in the UK on haulage business at the time of the incident on February 28 this year.
Bogdan Joja and Rafiala, 25, pulled into the services at Gillingham, leaving a space next to theirs for Traian Joja.
But before he arrived, Marian-Emil Gaspar drove in and, despite being told the bay was reserved, chose to occupy it. It was following 56-year-old Traian Joja's arrival that violence flared, the court was told. He was the first to become aggressive, telling Marian-Emil to move his truck before warning: "If you don't do what we say, we guarantee you won't be here in the morning".
Together, the defendants then dragged him from his cab and began to assault him, at which point Ilie-Constantin intervened, only to be attacked in his efforts to help his sibling. The court heard that having knocked him unconscious, the three men continued their assault on Marian-Emil by pulling his hoodie over his head and landing multiple blows, causing injuries to his elbow, ribs and knees before he managed to escape and raise the alarm. Bogdan Joja later made "full and frank" admissions when interviewed by police, indicative of his remorse for what was a "short-lived" incident, said his lawyer Clement Idowu.
Alex Crichton-Miller, defending Traian Joja, said locking up the hard-working grandfather would have a significant impact on his family back in Romania, adding that the prospects of rehabilitation were realistic.
Niall Doherty, defending Rafiala, told the court the young dad had "played a minor role" in the violence that ensued between the five truckers.
All three men were said to be of previous good character without any convictions in any jurisdiction. Passing sentence, Judge Daniel Stevenson said their conduct was so serious that it could not be marked by way of a community order or fine, nor could the inevitable prison terms be suspended. Jailing Bogdan Joja for 12 months and each of his co-defendants for seven months, the judge told them: "This was an appalling display of unprovoked, serious violence against two of your fellow countrymen over a parking dispute which has now landed you in prison in a foreign country."
And, in considering a recent law which presumes custodial sentences of 12 months or less will be suspended unless exceptional circumstances justify immediate imprisonment, he explained:
"In each of your cases, I consider the fact you are foreign nationals with no connection to the UK, no right to remain here, and no intention of remaining here, amounts to an exceptional circumstance which justifies not making a suspended sentence order. "That's because a suspended sentence order can have absolutely no impact on you. It cannot be enforced against you and I cannot impose any conditions to ensure your rehabilitation or to punish."
All three are expected to serve 40% of their jail terms before being released on licence and subject to year-long post-sentence supervision.
However, Bogdan Joja was told that, given the sentence imposed, he would be liable to automatic deportation once freed, while his father and Rafiala may be subject to immigration detention and removal.