Legal News

The owner of a Hampshire waste facility has been jailed after the Environment Agency prosecuted him for repeat offences.

Marcus Bairstow, 41, of Chelveston Crescent in Southampton pleaded guilty to a total of five offences.

The Environment Agency in partnership with Test Valley Borough Council, Southampton City Council and Hampshire Police prosecuted Bairstow after he was previously convicted of waste offences in Hampshire.

The court heard that Bairstow was convicted in March 2011 following a major multi-agency investigation into the dumping of waste in the county, when he collected waste in Southampton and took it out into the countryside to fly tip.

He was convicted on numerous counts and given two years in prison and an Anti-social Behaviour Order (ASBO) for five years, banning him from most waste activities other than lawfully carrying waste.

In May 2015, Bairstow began to rent a small plot of land at Park Farm, Stoneham Lane at Eastleigh and told the owner he wanted to bring skips and sort waste on site, in addition to burning it.

Fires started to occur as waste accumulated, until a large blaze occurred in July. Fire and police services attended and discovered that a fire on site had ignited a tree and fencing, which subsequently set alight timber belonging to a builder in an adjacent unit.

Bairstow attended the site and gave his details to a police officer and admitted his responsibility and that he had insurance.

Before this, in January 2015, a developer had waste on site at Padwell Road in Southampton, which was collected by Bairstow. Subsequently a farmer found that entry to his land near Rownhams had been forced – and this waste had been dumped there.

The court also heard that a van belonging to Bairstow was seen in the car park of the Talking Heads public House in Portswood in February 2015 – two men, one of whom was identified as Bairstow, tipped a large quantity of waste from the truck as it left the car park.

Bairstow was arrested in September 2015 for the new offences and breach of his ASBO. On Wednesday 14 September, Southampton Crown Court sentenced him to 30 weeks’ imprisonment – he was ordered to pay a victim surcharge of £150.

After sentencing, Nigel Oliver of the Environment Agency said:

“We are constantly gathering information on illegal waste sites, criminal activities and environmental crime in Hampshire and across the country as a whole – together with our partners, we are taking a zero tolerance approach against waste offenders.

“In cases like this – where individuals such as Mr Bairstow consistently operate illegally – we have absolutely no hesitation in prosecuting them.

“Bairstow was clearly aware of his obligations and responsibilities in the handling and treatment of waste, but yet again wilfully ignored them, putting the local environment at repeated risk.

“I hope today’s ruling serves as a deterrent to any individual or company in showing that waste crime does not pay.”

Bairstow was also exposed by the BBC’s Rogue Traders programme, which bugged and tracked waste and filmed Bairstow dumping it.

Duncan Lewis Criminal Solicitors

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, illegal waste management activities, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices nationwide 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.