Recycling firm owner has conviction for fly-tipping quashed

The owner of a recycling firm has had his conviction for fly-tipping on Eglwysilan Common quashed on appeal.

Gareth Kemp, 30, of St Cenydd Road, Trecenydd, denied two charges under the Environmental Protection Act 1990, but was wrongfully found guilty at Newport Magistrates’ Court on Thursday, April 21, this year.

CCTV images used in evidence purportedly showed Mr Kemp driving a tractor with the waste in a trailer.

The driver in the images did not have an arm tattoo while Mr Kemp did. The tractor pictured was also not Mr Kemp’s. This argument was put forward by Mr Kemp’s defence at the original trial, but was ignored by magistrates.

Mr Kemp successfully appealed the conviction, and subsequent fine, at Cardiff Crown Court on June 17, meaning he is innocent of the charges of fly-tipping.

The original prosecution was led by Gwent Police’s Rural and Wildlife Crime Unit officer Mark Powell, who is currently seconded to environmental agency Natural Resources Wales (NRW). In his evidence, PC Powell claimed he could identify Mr Kemp as the driver of the tractor.

However, the appeal was unopposed by the Crown Prosecution Service (CPS) which offered no evidence.

The CPS and NRW have been asked to comment.

Mr Kemp was represented by Ed Mitchard of Davies and Jones Solicitors, Cardiff.