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Suspended prison sentence for asbestos dumper after council investigation

A van parked at the side of the road, from CCTV footage with lights on
Published: Thursday, 7th October 2021

A Nechells man who dumped six sacks of asbestos on a street in Hockley has been given a ten-month suspended prison sentence for his offences after a prosecution brought by Birmingham City Council.

Everton Clarke, aged 55, of Cromwell Street was caught offloading the waste from a van on All Saints Road on September 3 last year by a council CCTV camera – placed on the street due to it being fly-tipping hotspot.

After the incident was spotted on the footage, the council’s Waste Enforcement Unit investigated the van’s plate number details, which revealed Clarke to be the registered keeper.

A statutory demand for information requiring information on the driver of the vehicle on the day in question was sent to him on September 29 and followed up on November 3 but no response was given.

Court proceedings subsequently commenced in relation to two offences under the Environmental Protection Act 1990 (relating to the dumped waste and not responding to the demand for information). Having then pleaded guilty at a court hearing on September 2 of this year, Clarke was sentenced at Birmingham Crown Court today (October 7).

In mitigation he said he was a single parent and was suffering from heart issues, but despite this was still given the ten-month sentence, suspended for 18 months, and ordered to pay £600 in costs. He was also given an overnight curfew for four months.

Cllr John O’Shea, Cabinet Member for Street Scene and Parks at Birmingham City Council, said: “As well as being anti-social and disrespectful of our shared environment, this case shows just how dangerous fly-tipping is.

“I am absolutely staggered that anybody would think it is ok to dump a potentially-lethal substance like asbestos on our streets. There is no excuse whatsoever to do this and it is clear the courts share that opinion.

“Our Waste Enforcement Team are doing a great job bringing environmental criminals to justice and this shows just how important council CCTV cameras are as we work to achieve one of the top priorities for people in this city – clean streets.

“We are investing in more cameras this year to help identify those responsible for such incidents and to deter future dumping.”

Anyone with any information on cases of fly-tipping in Birmingham should report directly to the council via www.birmingham.gov.uk/flytipping

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