Waste disposers convicted and assets recovery agreed - wasted resources ?

On the 9th May 2006 at Omagh Crown Court, of David Edwin Allingham aged 63 years, and his wife Freda Elizabeth Allingham aged 60 years, of Kilcoo Road, Garrison, Enniskillen were convicted of offences detected by Environment and Heritage Service (EHS) officers during an inspection of land belonging to the defendants in the townland of Slattinagh, Garrison, Co Fermanagh, on 4 December 2003.

The site inspected was on land immediately overlooked by the Allingham home. At the site the EHS officers excavated several holes and these were found to contain biodegradable mixed municipal and medical waste which was evidently identified as being of Southern Irish origin.

On 20 June 2006, David was sentence to a total of 9 months imprisonment for these offences, his wife Freda was sentenced to a total of 4 months imprisonment suspended 2 years. A full confiscation hearing for the seizure of assets was held at Londonderry Crown Court on 24 and 25 September 2007, with judgement being reserved until yesterday.

This resulted in granting two Confiscation Orders in the total sum of £80,868 in respect of a Garrison farmer and his wife, who were both convicted on two counts of keeping and disposing of illegal waste.(offences contrary to Article 4(1)(c) and Article 4 (6) of the Waste and Contaminated Land (Northern Ireland) Order 1997, that on 4/12/03 in the County Court Division of Fermanagh and Tyrone, kept controlled waste in a manner likely to cause pollution of the environment or harm to human health; also Article 4 (1) (b) and Article 4 (6) of the Waste and Contaminated Land (Northern Ireland) Order 1997, that between 8/12/03 and 28/7/04 in the County Court Division of Fermanagh and Tyrone kept controlled waste in or on land otherwise than under or in accordance with a Waste Management Licence. )

His Honour Judge Babington held that Mr and Mrs Allingham had benefited from their particular criminal conduct in these offences to the sum of £48,520.80 and £32,347.20 respectively, and further made a Confiscation Order in the sum of £48,520.80 in respect of Mr Allingham and £32,347.20 in respect of Mrs Allingham, which the Court ordered they must pay by 27 May 2008 or serve a period of imprisonment of 16 months and 14 months respectively in default, at the conclusion of which sentences they will still owe the full confiscation amounts.

Naturally ARA Deputy Director Operations, Charlie Dickin is cock a hoop : "We are determined to recover the proceeds from all types of illegal activity, including keeping and disposal of illegal waste which, as well as damaging the environment, poses a risk to public health.

"The convictions, custodial and suspended sentences together with the recovery of criminal profit in this case send out a clear message to those involved in criminal activity that ARA together with its partners will do everything in its power to put them out of business.

"Collectively we are working hard to make sure that criminality and gangsterism doesn't pay."

"It is further evidence of the effectiveness of the multi-agency approach within the Organised Crime Task Force in tackling serious and organised crime in Northern Ireland."

Apparently the disparity in the cost of disposal of waste to Landfill in the Republic of Ireland, (averaging 220-350 Euros per tonne), and landfill charges in Northern Ireland which were typically £30-£50 per tonne, has apparently acted as an economic driver encouraging the illegal transport of waste from the Republic of Ireland into Northern Ireland, and into other parts of the United Kingdom.

According to EHS trade sources indicate that hauliers engaged in this illegal transport charge waste facilities in the Republic of Ireland 120 Euros per tonne to take this type of waste away. The waste facility therefore benefits in the region of between 100-230 Euros per tonne of waste, and the haulier splits the 120 Euros per tonne he has charged with the landowner whose land is used for illegal landfill. EHS further states that trade sources indicate the landowner receives between £5 and £10 (i.e. 7.50 to 15 Euros), per tonne of waste.

In August 2007 EHS issued a request by virtue of Article 24(2) of the Council Regulation (EC) No. 1013/2006 on Shipment of Waste Regulations to Dublin City Council, requiring them to ensure that the waste on Mr & Mrs Allingham's land is removed and taken back to the Republic of Ireland for disposal. To date EHS have received no formal response to this request; however indications are that the relevant ROI local authorities are likely to comply with it.

Whilst one wouldn't want to defend the evident but nonetheless criminal business enterprise of the elderly Mr and Mrs Allingham - in the light of the massive scale of gangsterism now rampant elsewhere in Northern Ireland their determined pursuit of this hapless couple - the loss of some £24 Mn from the Northern Bank the recent brutal murder of Paul Quinn involving IRA elements http://www.belfasttelegraph.co.uk/breaking-news/ireland/article3205143.ece it does require some examination of the way the law is applied in Northern Ireland.

Surely the forces of Laura Norder in Northern Ireland can find better ways to dispose their forces ?

PS : The victorious Charlie Dickin, Deputy Director (Operations), is a seconded police officer from Avon and Somerset Constabulary who was appointed as a Deputy Director of ARA in April 2006, prior to which he set up and managed the Financial Investigation Centre of Excellence, also within the Agency.

With a background almost exclusively in criminal investigation, he was originally seconded to the Home Office in 2001 from his post as the Head of Fraud and Financial Crime to work with the Proceeds of Crime Bill team in the preparation and implementation of the legislation and as part of the development team for the Assets Recovery Agency.

He has had other successes - Wai Keung “Nicky” Cheung (see pic) an alleged drug trafficker’s property empire and luxury cars worth nearly £3m (€4.3m) were frozen in September .The Assets Recovery Agency (ARA) was granted an Interim Receiving Order at the city’s High Court after claiming Cheung amassed the portfolio through narcotics, fraud and tax evasions.

It is unlikely that Chueng was/is a member of the IRA or the UDA - it doesn't appear that he has been convicted of any offences.