Illegal waste operator’s appeal rejected

On Monday (December 1) the Court's Criminal Division, which is presided over by the Lord Chief Justice, dismissed James Kelleher's appeal against a conviction made by the Inner London Crown Court on June 12 (see letsrecycle.com story).

In his original trial, Mr Kelleher, 39 and from Dagenham in London, pleaded guilty to the charge of conspiring to unlawfully deposit controlled waste on land, alongside Patrick Anderson, 51, of Ireland, who received a record 22-month jail sentence for serious fly-tipping.

And, in dismissing Mr Kelleher's appeal, the Court said that, as he had organised a wide-scale illegal waste dumping operation, the sentence handed down was appropriate.

Mr Justice Swift, presiding, said: “”Those individuals or companies who were prepared to make a business out of collecting waste and disposing of it unlawfully stood to make large profits at the expense of the environment and of those whose site had been polluted.”

Problem 

“As a result, commercial fly tipping had become a serious problem. Penalties imposed for breaches in the law in that area had to be sufficient to deter such profiteering,” he added.

The original case was brought by the Environment Agency as part of a three-year investigation dubbed 'Operation Huron', which found that – between January 2003 and June 2004 – both men were responsible for an operation that illegally dumped 14,600 tonnes of waste across London and Essex.

Commenting on the decision to dismiss the appeal, the Agency's chief executive, Dr Paul Leinster, said: “We welcome the Court of Appeal's decision.

“The judgement sends out a strong and clear message to those who think they can profit from illegal waste dumping – which harms the environment and particularly in this tough economic climate undermines legitimate businesses – that the Environment Agency will take every step possible to bring offenders to justice,” he added.