A company and its Director were investigated for the depositing of waste. The Director had been interviewed without a solicitor present. His interview had compromised any opportunity of providing the company and/or it's Director with a defence. Both the company and the director were subsequently prosecuted. Whilst the company pleaded guilty to the offence, we were able to ensure that the case was dealt with in the Magistrates Court, and the company was given a just limited fine and had to pay just a limited sum in costs. However we were able to persuade the Environment Agency to withdraw the proceedings against the individual Director and he was actually able to recover the money he had spent on his legal representation.
Our client was suffering from stress. A number of factors were weighing heavily on his mind. On a particularly difficult day (whilst caring for his disabled children) he went to the local dump to deposit some rubbish but was advised that it was considered "commercial waste” and he would have to pay to dispose of it. He did not have appropriate cash so left and dumped the items in a bush nearby. Some of the items were identified as coming from him and he was subsequently traced. Our client received a letter from the Environment Agency requesting him to attend an interview. Although this was not the most serious of matters it added further to his stress. We advised our client that it would be appropriate for him to attend the interview and to admit the offences. Accordingly an interview took place at which one of our solicitors attended. The Environment Agency were invited to take no action in respect of his admissions and his personal circumstances. He was subject to a Home Office caution and no prosecution followed.