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ROGUE DUMPER UNSUCCESSFULLY CHALLENGES FINE

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A Barry man fined for dumping waste in breach of environmental rules has had his conviction and sentence upheld by ...
A Barry man fined for dumping waste in breach of environmental rules has had his conviction and sentence upheld by Appeal Court judges.

Robert Stanley James, of Gilbert Lane, Cadoxton, was fined£12,000 and ordered to pay£10,000 in prosecution costs after admitting four breaches of the Environmental Protection Act at Cardiff Crown Court last January.

The 54-year-old pleaded guilty along with three co-accused, including his son, Simon James, who received a community punishment order for his offending.

Mr Justice Beatson - sitting with Lord Justice Hooper and Mr Justice Leveson - said James also had a previous conviction for allowing waste to be dumped, which compounded the gravity of his latest crime.

Around 24 skips containing assorted waste were seen on the site in Gilbert Gardens, Barry, which was owned by James until he signed it over to a relative in 1999.

He and his son, Simon, were prosecuted after they were monitored by Environment Agency officers over a three-day period in May 2003.

In all around 50 loads of waste were delivered and deposited over that period, including old mattresses and bicycles. Much of the metal was separated for scrap, but some of the waste included old lead batteries and asbestos tiles.

The debris was cast onto a nearby fire, with clouds of thick black smoke billowing into the surrounding countryside, said Mr Justice Beatson.

The judge dismissed James' arguments that he was wrongly advised to plead guilty, also rejecting claims that his sentence was 'manifestly excessive'.

James also claimed that the sentence failed to reflect his chronic il-health.

But Mr Justice Beat son said he was guilty of a 'deliberate and reckless breach of the law', also commenting on the relevance of his previous offence.

STRAND NEWS SERVICE

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