This case illustrates the Environment Agency's willingness to prosecute individual directors as well as companies, and the Courts' readiness to send individuals to custody for serious environmental offences (particularly breaches committed where profit is an incentive)! With the ramifications so high, let's look at the facts.
County Durham based Albert Skip Hire was investigated by the Environment Agency for operating waste sites without permits and for stockpiling and dumping waste 'on an industrial scale', which included uncovered asbestos sheeting. The owners of the company illegally used farms as landfill sites and failed to comply with a Suspension Notice.
Raymond Shepherd was identified as 'the controlling mind' of the operation. He was jailed by Teesside Crown Court for 18 months, which reflected the fact that he had regularly flouted orders to cease the company's activities, with a view to increasing profit. This was the second prosecution for Raymond Shepherd and the company, both having been found guilty of similar offences last year.
Convictions were also handed out to:
- Paul Shepherd, his brother - who was responsible for dumping asbestos on access roads to their business site and was sentenced to serve a 6 month suspended jail term with supervision
- Jack Shepherd, his nephew - who was fined GBP 50 for allowing the company to dump waste on the family farm, Brian Wright, a former director and the former transport manager of the company - who was ordered to carry out 150 hours of unpaid community service after admitting operating a regulated facility without a licence
- Tony Lee Shepherd, who ran the company in his uncle's name and several other businesses despite having been previously disqualified from running limited companies for ten years – who was sentenced to a three and a half year prison sentence
Paul Shepherd and Raymond Shepherd were also disqualified from being company directors for ten years following their convictions. Tony Lee Shepherd was again disqualified from running a limited company for a further 6 years.
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