Crime Solicitors

Canterbury City Council has prosecuted a licensed waste carrier, after an investigation by city council enforcement officers uncovered fly-tipping in an area of outstanding natural beauty.

Matthew Merry, 43, of Querns Place in Canterbury operated East Kent Waste Management Ltd.

At Canterbury Magistrates' Court He pleaded guilty to breaching Section 33(1) of the Environmental Protection Act 1990.

The court heard that Merry had collected waste from a builder in Herne Bay in November 2016 and rubbish from a property services company in Chartham in December. He was paid on both occasions.

Both loads were later discovered, after being dumped in Swanton Lane, Littlebourne, an area of outstanding natural beauty enjoyed by walkers.

The council’s Head of Safer Communities, Doug Rattray, said:

“Our enforcement officers are determined to do all they can to catch fly-tippers and issue them with a fixed penalty notice or bring them before the courts.

“This offence was made worse by the fact Merry knew the law and his responsibilities, but did it anyway to make money for his fledgling business.

“On this occasion, he had issued his customers with waste transfer notices which protected them from prosecution.

“If you pay someone to take your waste away, you must check the credentials of your waste carrier, otherwise you could be fined as well.

“If the price is too good to be true, it probably is.”

Merry told the court he had only fly-tipped waste on two occasions and had complied with his licence up until that point.

He had no previous convictions and has since given up running his business to take a job that pays the minimum wage.

Merry was fined £1,120 and ordered to pay compensation of £830, a victim surcharge of £112 and costs of £1,113.

Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis Criminal Solicitors can advise companies and individuals at any stage of an environmental offence, including charges relating to polluting watercourses, fisheries offences, fly tipping, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices across England and Wales and in most major cities – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

For expert legal advice on all environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.