Lincoln Prison inmate Mroz Krzysztof has been charged with the murder of inmate Alan Goode on October 31.
Polish national Krzysztof (35) has been remanded in custody at Nottingham Prison after he appeared at Lincoln Magistrates Court on Wednesday morning.
Alan Goode (73), from Wigston, was serving nine months for serial voyeurism after he was found in the women’s toilets in a Leicester shopping centre spying on women.
Krzysztof was at Lincoln Prison remanded in custody while awaiting trial over two unrelated charges in relation to an incident in September in Holbeach, South Lincolnshire, where he was living at the time.
On October 31 Goode was found by staff in his prison cell at around 5:45am and he was pronounced dead at the scene.
A post mortem carried out at QMC in Nottingham established the cause of Goode’s death as a serious head trauma.
Lincolnshire Police then launched a murder investigation and arrested Krzysztof, who is believed to be Goode’s cell mate.
Krzysztof was bailed on November 1 from police custody back to prison for psychological assessments to be carried out.
Then, on November 6, he was charged with murder and remanded in police custody.
After the court appearance at Lincoln Magistrates Court on November 6, Krzysztof was sent to Nottingham Prison.
A trial will begin at Lincoln Crown Court in December.
The parent company of TK Maxx ended up with a fine after a Lincoln village resident was sold a dangerous phone charger.
ITJX UK Ltd got the handed a large fine over a Venom Blackberry charger, which fell apart when a Cherry Willingham resident plugged it into the wall.
This left her exposed to dangerous electrical currents.
The item came from the store in Lincoln in 2012, but Lincolnshire Trading Standards investigated other TK Maxx chains in the county, and found the charger in other stores.
TJX UK Ltd, the retailer and importer Venom Ltd both pleaded guilty to two charges of supplying non-compliant electrical items at Grantham Magistrates Court this week and were fined £4,000 each.
Venom Ltd is also no longer importing the Blackberry charger, and TK Maxx pulled the item from sale earlier in the year.
Lincolnshire Trading Standards received full costs of the trial of £5,613.22 due to bringing the prosecution forward.
The faulty charger pack, which was sold by TK Maxx Lincoln in 2012. Photo: Lincolnshire Trading Standards
Lisa Foster, Principal Trading Standards Officer at Lincolnshire County Council, said: “Retailers have a duty to make sure the products they sell are safe, but in this case officers found that TJX UK Ltd, through its UK TK Maxx stores, had been selling a brand of dangerous chargers which could have given a nasty shock, or worse, to anyone using them.
“If there is a product safety issue with any kind of electrical item, it is important that we do all we can to ensure that no harm comes to consumers.
“When the lady from Cherry Willingham unplugged the charger from the mains, the black plastic backing from the plug broke off leaving the pins in the socket and the live pins exposed – this is totally unacceptable.
“We would remind people that when buying electrical items to just do some research first to see if there are any issues with the product, i.e. are there any recalls in place?
“Have others had bad experiences with the product? This way consumers can make an informed decision on whether to purchase a product or not.”
For residents who bought the charger from TK Maxx and have concerns, contact Lincolnshire Trading Standards on 01522 782341 or email tradingstandards@lincolnshire.gov.uk.
A child in Lincoln who was left with severe brain damage during his birth has won a settlement from ULHT of over £10 million.
The sum, paid to Aaron Crosby (9), is one of the biggest the NHS has ever paid out in history.
The High Court heard on November 18 that Rebecca Crosby (now 38) of Urban Street in Lincoln, attended Lincoln County Hospital when her contractions started, and the birth progressed normally.
However, she was later given a drug designed to stimulate contractions, but the doses were higher than NICE guidelines.
This led to Rebecca having uterine hyper stimulation, starving her unborn baby of oxygen.
Additionally, staff also “lost contact” with the heart monitor, so failed to take steps to check the baby’s heart rate.
Aaron was left with brain damage, athetoid cerebal palsy and epilepsy. He is wheelchair bound, can’t talk and cannot use any of limbs, so requires 24-hour care.
Aaron Crosby
United Lincolnshire Hospitals NHS Trust Trust admitted liability in court.
With the help of a legal team from Bridge McFarland, the family were awarded a compensation pay out worth around £10 million.
The settlement is made up of a £3.25 million immediate pay out, and staged annual payments for the rest of Aaron’s life.
Bridge McFarland partner Ian Sprakes and associate solicitor Danielle Barney, the lawyers who represented the family, said the fact the pay-out was one of the biggest in the UK reflected the enormous costs the family faced in taking care of Aaron, the family’s only child.
In a statement released on behalf of the family, they said: “The Crosbys are relieved that this case has finally been settled. It has been a long and harrowing case for both the family and the lawyers fighting on their behalf.
“Aaron will require 24-hour care, a specially adapted home and transport, a variety of equipment and aids and physiotherapy and still won’t be able to live the kind of life he deserves.
“After a long fight on behalf of the Crosby family we are satisfied that the hospital has finally admitted liability and the family can now concentrate on trying to make Aaron’s life as positive and comfortable as possible.
“The family now hope that lessons have been learned from this case and the same mistakes can be avoided in future. They sincerely wish that no other families face the same nightmare they have endured.
“Family’s like the Crosby’s rightly deserve both justice and compensation for the terrible ordeal they have suffered and enormous costs of care they face. We are delighted that we have been able to win both on their behalf.”
In a statement, ULHT said: “We would like to apologise to Aaron and his family and recognise that there were aspects of his care which did not meet the high standards that we normally deliver.
“The Trust is pleased that the hearing has been brought to a mutually satisfactory conclusion and hopes that the agreed settlement will assist Aaron to achieve his full potential in the future.
“Any issues relating to quality of care for patients are taken very seriously and we continuously strive to improve our services.
“Practices and guidelines regularly change, and we always ensure our local practices are in line with national guidance.”
This is the third payout by ULHT to Lincoln families in recent weeks. After an upfront £2.6 million settlement to a Lincoln teen left with brain damage, ULHT also apologised to the family of a woman administered antibiotics of which she was allergic, subsequently causing fatal harm.
Two Lincoln shop owners have been prosecuted and fined for selling counterfeit tobacco in the city.
Khalid Jasim of International Foods on Portland Street, and Beta Gil of Kalinka on Newark Road, were prosecuted at Lincoln Magistrates Court after raids by Lincolnshire Trading Standards and police in late 2012 and early 2013.
Jasim faced 14 charges, including general product safety, trademarks act, tobacco warning labelling and proceeds of crime. He was found guilty of all.
Earlier in the year, International Foods’ shop assistant was also prosecuted for four charges, including the sale of counterfeit tobacco. She was sentenced to fines and costs of £330.
When investigating Kalinka with Lincolnshire Police and HMRC, officers found 1.2kgs of Hand Rolling Tobacco and 3,080 cigarettes in secret concealments.
Beta Gil, the director and manageress at the store, was responsible for her company’s actions and was prosecuted. She was given 150 hours community service, plus fines and costs of £460.
Ian Newell, service manager at Lincolnshire County Council, said: “Retailers have a duty to understand how the law applies to them – and how they should follow it to ensure the safety of their customers.
“We know that counterfeit cigarettes are often more harmful to health as they can contain a higher level of toxic chemicals and are more dangerous as they do not burn out if left unattended like genuine products.”
A woman from Lincoln has been fined because she left waste in the driveway of her previous home.
Margaret Bentley of Appleby Way, Lincoln, pleaded guilty at Lincoln Magistrates Court to a charge of disposing waste in a way that could harm the environment or human health.
Due to this, she was ordered to pay full clear up costs of £508 plus £150 towards legal costs and a victim surcharge.
The incident happened on March 28, 2013, when the woman moved out of her home in Greenfinch Crescent, Witham St Hughs to the city.
Instead of arranging for unwanted items to be removed properly, she left it in the carport of the property.
Items left included a mattress, broken mirror, piles of wood, metal, electrical items and several filled refuse sacks stacked to the roof.
No attempt was made to clear the waste away, and the council become concerned for the safety of children who might play in the carport, and the potential of vermin infestation.
North Kesteven District Council removed the waste at a cost of £508.19.
Councillor Richard Wright, Executive Board Member responsible for waste services and enforcement, said: “Although this was domestic rubbish left in what would appear to be a private location, there was open public access, no attempt to do anything to secure it or remove it and, above all, what would seem to be a complete disregard for public safety.
“This case illustrates the dangers of irresponsible dumping of waste in public places, for which there can be no excuse when there is such a comprehensive range of services to help residents dispose of their waste safely, securely and with confidence.”
A construction company based in a Lincoln village has been fined over safety failing after an employee fell three metres through a fragile roof.
The 30-year-old man from Scampton, who does not want to be named, fell through a farm roof in Osgodby while working on a site for Timmins Engineering and Construction Limited of Sturton-by-Stow in January.
He injured his back, fracturing a vertebra and needing metal plates inserted in his back.
This led to an investigation by the Health and Safety Executive (HSE), looking at the system of work in place at the time.
Lincoln Magistrates Court heard that the worker and a colleague were replacing fibre cement sheets on a storage building with steel sheets, using a mobile elevated work platform (MEWP), telehandler and crawler boards.
One was working inside the building from the MEWP, and the other on top of the roof using the crawler boards.
After an hour, the worker inside the building joined the other on top of the roof to speed things up.
However, as he moved to the next roof sheet, he slipped from the crawler board and stepped onto one of the old cement sheets.
It couldn’t take his weight and broke, sending him falling through the roof to the ground.
The Health and Safety Executive (HSE) established that although both workers were working to a pre-planned method of work, it was inherently unsafe and failed to mitigate the risks of working with fragile materials.
The court found that after the incident, the roofing work was completed a week later using scissor lifts inside the building — the incident would not have happened if this equipment had initially been provided.
Timmins Engineering and Construction pleaded guilty to two breaches of the Work at Height Regulations 2005.
The company was fined £4,000 and ordered to pay £985 in costs.
HSE Inspector Chris Copeman said: “The worker sustained a serious injury that could have been avoided had a safer system of work been used for removing the fragile sheets.
“The risk of serious or even fatal injury is high and eminently foreseeable with this type of work, and it is vital that the correct equipment and methods are in place.
“The company eventually got it right by working from inside the building and avoiding the need to physically go onto the roof, but it is sad that it took a serious incident before this happened.”
Football hooligans who were part of a violent clash before a Lincoln City home game have been sentenced at Lincoln Magistrates Court.
The 11 men were sentenced on December 13 for violent disorder charges at The Ritz Wetherspoons on High Street before a Lincoln v Luton football match in October 2012.
The violence escalated and spilled out onto High Street and Firth Road. Furniture and glasses were thrown around.
In the clash, two women were injured and treated in hospital for minor injuries.
In total, 12 pleaded guilty to violent disorder offences at earlier hearings. All 12 were given 10-year football banning orders.
The 12 men all charged with violence disorder before a football match last October. Photos: Lincolnshire Police
The men charged are:
Nathan Luke Ashmore (33), of St Catherine’s Grove, Lincoln — three years prison
Tomas Samways (20), of Jenson Road, Bracebridge Heath — two years four months young offenders institute
Lee Anthony Oliver Swain (26), of Walnut Place, Lincoln — three years prison
Daniel Oliver White (20), of St Johns Road, Bracebridge Heath — two years four months young offenders institute
Marcus Johnathan Greatorex (22), of Geneva Avenue, Lincoln — two years eight months prison
Phillip Neil Adams (36), of Prior Street, Lincoln — three years prison
Callum Busby (19), of De Wint Avenue, Lincoln — two years eight months prison
Ashley Evans (22), of Picton Street, Lincoln — three years prison
Andrew John Deans (27), Clipstone Village, Mansfield — three years prison
Jake Sinclair (26), of Vernon Street, Lincoln — two years eight months prison
Liam Wiggins (18), of Chester Road, Birkenhead — two years one month young offenders institute
Josh Atter (18), of Matlock Drive, North Hykeham 18 month detention and training order
DI Suzanne Davies said: “This was a protracted police investigation that went to great lengths to track down every single offender involved in the violence on that day. Its success was largely down to the tenacity and professionalism of PC Andy Pearson.
“All of these offenders are thugs who masquerade as football fans. They give decent, law abiding home and visiting fans a bad name and they have rightfully been brought to justice.
“We hope our investigation and the subsequent convictions and sentences send out a very clear message to offenders in Lincoln and those visiting to cause trouble. We will arrest you and put you before the courts.”
The owner and shop assistant of a Lincoln shop have been prosecuted for selling counterfeit tobacco.
Mr Saeed, the shop owner, and Ms Torkaska, the shop assistant at Foods 4 You on Portland Street pleaded guilty to all charges this week at Lincoln Magistrates Court.
The prosecution was brought after raids by Lincolnshire Trading Standards, HM Revenue and Customs and Lincolnshire Police in January 2013.
The multi-agency team, with help from Ozzie, a tobacco detection dog and its handler, found in secret concealments:
900 grams of Amber Leaf hand rolling tobacco
550 grams of Original Virginia hand rolling tobacco
1.15 kilograms of Golden Virginia hand rolling tobacco
3,020 cigarettes
The products were detected by the multi-agency team, with help from Ozzie, a tobacco detection dog and its handler.
The items had no duty paid and didn’t display the correct written or pictorial health warnings. A number of the seized goods were also counterfeit.
Mr Saeed received an 8 week custodial sentence suspended for 12 months, 80 hours unpaid work requirement and was ordered to pay Lincolnshire County Council’s full cost of £1,464.
Ms Torkaska also received an 8 week custodial sentence suspended for 12 months. She received an 80 hours unpaid work requirement and was ordered to pay £500 towards legal costs due to her means.
Ian Newell, service manager at Lincolnshire County Council, commented: “As Trading Standards Officers, we aim to create a fair and equitable trading environment for all, so we’re here to protect consumers and genuine retailers selling genuine products and crack down on those who don’t.
“We know that counterfeit cigarettes are often more harmful to health as they can contain a higher level of toxic chemicals and are more dangerous as they do not burn out if left unattended like genuine products. This is why our work is so vital and we won’t hesitate to take action against these criminals.”
AW Curtis Bakers and Butchers from Lincoln were prosecuted and fined more than £11,000 after a customer found a screw baked inside a bread roll.
Company founder, Mr Neil Arthur Curtis, faced prosecutors from City of Lincoln Council and North Kesteven District Council at Lincoln Magistrates Court on January 20 on account of three charges of unsafe bread production.
The defendant pleaded guilty to all three charges and was fined a total of £11,265 to be paid within 12 months.
The first charge, from City Council prosecutor James Ellis, detailed a complaint on June 26, 2013, by a customer who discovered a metal screw inside a bread roll.
After the City Council investigated the critical control measures for bread production, it was discovered that weekly worksheets and checks had been neglected and metal detection was not being implemented in all products, but only in a small percentage of products.
The Curtis bread roll with a screw baked in. Photo: NKDC
The second charge put to Mr Curtis on January 20 was that of failure to maintain equipment.
Investigations revealed that a metal storage lid, modified with the addition of metal screws, had resulted in parts falling into the dough mixture.
The third offence, put to the court by prosecutors from North Kesteven District Council, related to a complaint made on June 29, 2013, when a four-pack of bread rolls bought from Budgens in Waddington contained a metal screw.
After visual examinations, NKDC confirmed that a flat-tipped screw had been baked into the roll.
The court heard that in neither case had metal been ingested and no harm was caused.
The family-run firm offered apologies and accepted that the incidents should not have occurred.
Plans for production improvement include an £11,000 metal detector and the company said it will hire a new bakery manager for 2014.
The firm was fined £2,500 for each of the two charges brought by the City of Lincoln Council, plus £1,750 contribution towards costs, and £3,000 for the charge brought by NKDC and £1,500 contribution to costs. There was also a £15 victim surcharge.
The company, which was founded in 2012 from parent company AW Curtis & Sons, produces 150,000 products per week and employes 120 people.
Councillor Richard Wright, North Kesteven District Council’s Executive Board Member with responsibility for food safety and enforcement, said this case showed how important it was for consumers who found unexpected things in their food to report it to the their local council’s food team.
”When we bite into a bun, open a bag of frozen veg or delve into a bag of crisps it can be so easy for us to simply think that whatever we find there is disgraceful or disgusting and throw it away, but it can also be very dangerous and should be reported to prevent similar things affecting other consumers,” he said.
“As the judge in this case said, this was a serious failing which put this person at risk of significant injury if the screw was swallowed and digested. The public has a right to expect that all food being produced for them is being produced safely and it’s the Council’s responsibility to ensure businesses adhere to this.
“Hopefully the significant fine Curtis’ now has to pay will ensure that they and all producers tighten their procedures and ensure nothing like this happens again.”
The inquest into the death of Red Arrows pilot Sean Cunningham has revealed that a number of “serious communication failures” were at fault.
Flight Lieutenant Cunningham died on November 8 2011, aged 35, at RAF Scampton when his Mk10 ejector seat fired whilst the Hawk T1 aircraft was still on the ground.
Senior Coroner for Central Lincolnshire Stuart Fisher, who has heard almost three weeks of evidence, described ejector seat manufacturer Martin-Baker Aircraft Co failure to pass on a “risk to life warning” about ejector seat bolts.
The company issued seat maintenance safety warnings to foreign air forces – but not to the RAF.
The inquest also heard that his parachute did not deploy because a shackle jammed.
The Iraq War veteran was shot 220ft into the air and suffered fatal injuries at ground impact.
The court heard that seven RAF personnel missed 19 opportunities to check that the seat firing handle had been left in a safe position.
Coroner Stuart Fisher also said the safety pin mechanism was “entirely useless” and gave the impression that the seat was safe.
The inquest heard that Flt Lt Cunningham took Night Nurse medication the night before his accident. Mr Fisher was satisfied this did not impair his abilities.
The court has heard that all 59 recommendations in the military aviation authority’s air safety service inquiry into the incident have been adopted by the RAF.
The Ministry of Defence have paid an undisclosed damages settlement to the family of Sean Cunningham after admitting full liability for his death.
Lincolnshire Police Supt Shaun West said: “We hope this inquest has explained the circumstances surrounding Mr Cunnigham’s death to his family and in some sense enables them to move forward.
“Lincolnshire Police conducted an extensive investigation into this matter and the work of my team was praised by the coroner during the inquest.”
A former council litter picker has been fined £1,000 after he was caught dumping rubbish on a verge near Bracebridge Heath.
Darren Paul Surridge of Salem Street in Gosberton was found guilty of fly-tipping at Lincoln Magistrates Court after North Kesteven District Council brought the prosecution.
On July 25, 2013, a local farm worker saw Surridge remove the rubbish (pictured) from his car on the B1178 and leave it on the grass verge.
The rubbish contained items such as drinks containers, food wrappers, plastic bags and a till receipt from a local garage dated the same day.
The worker passed on Surridge’s registration details to NKDC, who looked at CCTV images from the garage.
Surridge pleaded guilty by phone and letter and also returned to clear up the waste.
However, he failed to engage further with the council, attend interviews and presented no defence.
The court also heard he used to work for the council as a litter picker.
He was fined £500, with £450 added on for prosecution costs and a victim surcharge of £50.
Councillor Richard Wright, NKDC’s Executive Board Member with responsibility for enforcement, feels the prosecution shows how seriously the council regards fly-tipping.
He said: “This prosecution serves as a costly reminder of the need to dispose of all waste items carefully, properly and within the law.
“There is no reason why this waste could not have been taken home and placed in his recycling bin or even left in a waste bin at the garage when he bought fuel not long before going out of his way to dump it on a country lane.”
The director of a Lincolnshire stained glass company has been fined £18,000 plus £18,000 in costs after an employee suffered severe lead poisoning.
Lincolnshire Stained Glass director David Sear (59) of Theddlethorpe, near Mablethorpe, pleaded guilty at Lincoln Magistrates Court to failing to control the risk of lead exposure between January 2010 and October 2011.
After five years restoring windows at Lincolnshire Stained Glass, employee David Doherty (26) was found to have seven times the normal amount of lead in his blood.
David Doherty had been ill for a number of years before his diagnosis in October 2011.
Mr Doherty had complained of feeling unwell and tired, and had suffered from frequent infections.
It was suggested by a nurse that the infections could be due to lead poisoning, after learning Mr Doherty’s place of work.
Since the diagnosis, David Doherty has been undergoing a year of hospital treatment and has been unable to work.
A subsequent investigation by the Health and Safety Executive (HSE) found that David Sear, sole owner of Lincolnshire Stained Glass, failed to provide controls to protect his six workers from lead exposure.
Mr Sear ignored advice of the lead control requirements in 2005 when blood tests carried out on the advice of HSE showed workers were at significant risk of lead poisoning.
HSE’s investigation also found there were no suitable dust extraction systems in place and that workers were not using masks when soldering, putting them at risk from lead fumes.
In addition, HSE found that the training workers received was not adequate and they had not been informed of the risks and symptoms of lead poisoning.
The court also heard that measures of safety concerning uniform and overalls were not carried out.
David Doherty said: “This whole experience has just ruined my life. It was just one thing after another and I was constantly going back to the doctors.
“I was feeling and being sick, lost my appetite and I found myself getting really angry all the time, losing my temper with people.
“My friends noticed a real change in me and I fell out with people as a result. I did not know what was happening to me only that it wasn’t at all nice.
“The first I knew anything about working safely with lead was when the Health and Safety Executive took my statement. I had no training and didn’t take any certificates in working with lead. I even used to go home in the clothes I’d been working in.
“Thankfully I’m starting to feel better. I was in a really bad place for a while but it feels like the treatment is working. I’ll need more blood tests to tell me if the lead is leaving my body.
“In the future I’m thinking of going to college and maybe even starting my own business. I’m trying to stay positive.”
Speaking after the court hearing, HSE inspector Lorraine Nicholls said: “Mr Sear is the owner of a specialist business that has been operating for some 30 years.
“He had no excuse for turning a blind eye to the known risks of this profession and neglecting the required safety standards to protect his workforce.
“Employees’ exposure to lead would have been greatly reduced with proper controls such as adequate extraction systems, suitable hygiene arrangements, personal protective equipment, air monitoring and medical surveillance – all measures Mr Sear knew he should have had in place.
“The instruction and training that Mr Doherty received also left a lot to be desired. Had he and his colleagues been aware of the risks of working with lead Mr Doherty’s condition could have been diagnosed a lot sooner and not been left to worsen. It was disappointing that Mr Sear did not even recognise the symptoms.”
A con man has been jailed for almost five years after he was convicted of stealing a total of £46,300 from six women across the country — two of whom were from Lincolnshire.
Christian Barber (41) was sentenced 59 months in prison for fraud and theft at Lincoln Crown Court on February 14.
His cons came to light in 2012 when one of his victims reported to police that she met Barber on an online dating website, before meeting up with him in a Lincolnshire pub.
Barber told his victim that he was a multi-millionaire National Lottery winner, had an expensive house in Cornwall, a yacht moored in Poole, and a fleet of luxury motor cars.
They went on to have a relationship during which time Barber stole rent money which he was supposed to pass to her landlady, along with £9,800 takings from her business.
A second victim came forward to police saying that she too had fallen prey to Barber after meeting him in a hotel and being told a similar story about his lifestyle.
She then started a relationship with him, only to have him steal £11,500 which she had in a foreign bank account, before literally disappearing from her life and his trail of deception becoming apparent.
Barber convinced some of his victims that he worked nights, whilst telling others he worked days so he could split his time between them with more than one being conned by him at the same time.
Police discovered that Barber had never had any significant lottery win and did not own the property or other assets as he claimed.
His victims for the offences he was convicted of lived near Grantham, with another at Witham St Hughs, another in Derbyshire, one in Pocklington, one in Perranporth in Cornwall, and one near Scunthorpe.
Barber is originally from the Nottinghamshire area but purports to be of Cornwall.
He has drifted around the country scamming women and hotels from Cheshire to Derbyshire, Devon, Cornwall, Avon, Somerset, Wiltshire and West Mercia.
In sentencing, Mr Recorder Evans described Barber as “a selfish, accomplished and skilful conman” who had “selected his victims because of their vulnerability before deliberately painting a false picture of yourself which they would find alluring.”
He went on to say that it was “wrong to say the women were gullible, rather testament to your skill. You took their money, dignity and self respect… You are the typical conman.”
A/Sgt Sarah Edwards of Lincolnshire Police said: “Christian Barber combed online dating websites to handpick his victims, grooming them to gain their trust before stealing their savings.
“He concocted a complex back story to cover his trail of lies, which he adapted and finessed each time he told it to another victim.
“His crimes had a massive impact on the lives of not only his victims, but also their families, in some cases leaving them unable to trust again.
“Hopefully this sentence will act as a deterrent to others who may be considering the same sort of behaviour and whilst it cannot undo the trauma Barber’s victims have suffered hopefully it will give them some peace of mind in seeing that justice has been done.”
A Lincoln man has to pay over £120,000 after selling counterfeit DVDs on eBay.
Andrew Hughes (26) from Branston near Lincoln pleaded guilty to 10 offences infringing the Trade Mark Act (1994) at Lincoln Crown Court on February 17.
An investigation by specialist police unit FACT and Lincolnshire Trading Standards found Hughes buying counterfeit DVDs from China and selling them as genuine on eBay.
During an interview, Hughes said he hadn’t realised the DVDs were probably fake due to their low price, and that he ignored complaints from buyers about the DVDs.
He was ordered to pay £109,624.05 for a confiscation order and a prosecution cost of £11,778.70 to pay within three months, Hughes was given an 18 month custodial sentence and suspended for two years.
The fake DVDs in the man’s living room. Photo: Lincolnshire Trading Standards
The judge presiding over the case, said: “Those that buy goods from China are closing their eyes to the blinding obvious, China is the counterfeit capital of the world; the defendant was arrogant and made a substantial profit.”
Ian Newell, Service Manager for Lincolnshire Trading Standards said: “Andrew Hughes was making tens of thousands of pounds by selling counterfeit DVDs through his eBay account.
“He pleaded guilty to infringing the Trademarks Act and also faced confiscation proceedings under the Proceeds of Crime Act.
“Those who commit this sort of crime cost legitimate producers and outlets a great deal of money. It impacts on people’s jobs and livelihoods.
“The message has to go out that people can go to prison and face confiscation of their criminal benefit for committing this type of offence.
“Enforcement authorities will track down sellers of counterfeit goods sold over the internet and from other traditional outlets.”
Forfeiture of the seized DVDs was granted to Trading Standards for disposal.
A Lincoln builder has been handed a four-month suspended prison sentence after a self-employed bricklayer broke his back in two places following a three-metre fall from faulty scaffolding.
Robert Wilkin (70) from Lincoln was left paralysed from the waist down and confined to a wheelchair for the rest of his life following the incident at a warehouse on Freeman Road in North Hykeham in February 2013.
The bricklayer spent five months in hospital and has had to have his home especially converted so he can live on the ground floor.
An investigation by the Health and Safety Executive (HSE) identified serious safety failings in the construction of the scaffolding by Rodney Foyster, who had sub-contracted Mr Wilkin to carry out the bricklaying work.
Lincoln Magistrates’ Court was told on February 20 that HSE found Rodney Foyster was not trained in building scaffolding.
He failed to check it was safe for use and failed to ensure the safety of workers once it was in use.
Mr Foyster was hired to fix a wall that had been damaged at the warehouse after a lorry had reversed into it and had sub-contracted Mr Wilkin for the bricklaying.
Mr Foyster bought and erected the second-hand scaffolding before Mr Wilkin was appointed.
Scaffolding towers were positioned both on the inside and the outside of the warehouse. Wooden boards were removed from the tower on the inside and used to form a makeshift bridge between the two towers.
When the incident happened, Mr Wilkin’s son, Damien, climbed the ladder to the top of the scaffold tower inside the building and successfully made it across the makeshift bridge to the outside scaffold tower.
However, when Mr Wilkin climbed the ladder, he fell from the wooden boards onto the concrete floor three metres below, suffering life-changing injuries.
After the incident HSE served a Prohibition Notice on Mr Foyster halting further work on the scaffolds until acceptable safety measures were put in place.
Rodney Foyster (56) of Mons Road in Lincoln was sentenced to four months in prison, suspended for 18 months, and ordered to carry out 200 hours worth of unpaid community work.
He was also ordered to pay £2,941 in costs after pleading guilty to breaching Section 4(1)(c) of the Work at Height Regulations 2005.
Robert Wilkin said: “I don’t remember much about what happened after I fell.
“Lots of people were rushing about and it took the ambulance crew about 20 minutes to get me onto a back board because I had fallen in an awkward place between pallets of bricks.
“I had an operation to fuse together my spine which was fractured in two places. I remember being in a lot of pain and was on morphine and sleeping tablets.
“Within a couple of days I was told it was unlikely I would ever walk again and I’ve been in a wheelchair ever since.
“My hobbies used to be collecting antiques, walking and gardening but I can’t do these things anymore. I find this all very difficult as I used to be very active.
“My life has been ruined because I can no longer do the things I used to do. I can’t go out on my own or drive. I feel my freedom has been taken from me and it’s been really hard on my family.”
Speaking after the hearing, HSE inspector Martin Waring said: “Our investigations revealed a catalogue of errors made by Mr Foyster in the assembly of this scaffolding – something he was neither qualified for nor competent in doing.
“There were numerous defects such as no edge protection, poor ladder safety and insufficient access onto the scaffolds.
“Mr Wilkin has unfortunately paid for this lack of care with his health, having been left paralysed for the rest of his life.”
A self-confessed paedophile from Lincoln has been sentenced to 6 years in prison with a 4 year extension of licence for possession and distribution of child abuse images.
Andrew Bowen (50) of Bawtry Close in Lincoln, was found guilty of 23 offences relating to child abuse images after a trial at Lincoln Crown Court in October.
As previously reported, Bowen openly admitted downloading and sharing the images on the internet, believing that his actions should not be considered a crime.
The court also heard, on February 21, that he was initially arrested after a search warrant was executed at his home in February last year, then rearrested in July 2012 when answering bail.
He answered bail by attending the police station with a laptop, which contained more child abuse images.
Finally, he was arrested in March 2013 after a computer was seized off him on Lincoln High Street, again containing indecent images of children.
Bowen also wrote to a number of prominent figures and organisations in the county about “freedom of choice for children to have sexual relationships”.
DC Nicole Linn of Lincolnshire Police’s Internet Child Abuse Team (ICAT) said: “Bowen is clearly a very dangerous man who has no concept of the deep and lasting impact his crimes have on the children involved in the material he has obtained and distributed.
“We hope this sentence demonstrates the work of the ICAT team and the Hi Tech Crime Unit and sends out a clear message that offenders will be pursued and brought to justice.”
Three Lincoln men have been convicted in relation to the attempted murder of a man with a hammer outside a city night club.
In a trial at Birmingham Crown Court, Kris James Bradley (23) of Kent Street, Lincoln, has been convicted of attempted murder, while Daniel Ross Burrell (22) of Macaulay Drive, Lincoln, was convicted of assisting an offender.
Alex Taylor (22) of Eastbourne Street, Lincoln, pleaded guilty to encouraging or assisting the commission of an indictable offence at an earlier hearing.
Sentencing has been adjourned until March 31 2014, also at Birmingham Crown Court.
The incident happened at around 12.50am on September 1, 2013, on Hungate in Lincoln, an area with bars and clubs.
A man from the Scunthorpe, Matthew Probert (21), was attacked with a claw hammer, which was left embedded in his skull.
The victim’s father, Mark Probert, said: “We are pleased with the outcome of the investigation into the horrific assault on my son Matthew; he could have died and even now he is struggling to come to terms with what happened to him on the night in question.
“I would like to thank the ambulance crew and the hospital staff who cared for him. I am also grateful for all the hard work of the police and the prosecution team.
“I hope to be there when the offenders are sentenced and will issue a more detailed statement then.”
The investigating officer Detective Sergeant Cunningham of Lincoln CID said: “We are very pleased with these convictions.
“The outcome of this case could have been very different, if you strike someone on the head with a claw hammer there is a very high likelihood that they will be killed or very seriously injured.
“I would like to thank the police team, the CPS and the whole prosecution team for their very thorough and professional work on this case.”
A burglar from Lincoln with numerous burglary and theft convictions has been handed a jail sentence in court.
On March 19, Mark Paterson (35) was sentenced to four years and six months in prison for his crimes.
During the trial, Lincoln Crown Court heard about an incident involving Paterson relating to a burglary on Burton Road in Lincoln in October 2013, in which he pleaded not guilty.
During the incident, Paterson stole a number of items such as jewellery, which he was later seen attempting to sell around Lincoln.
He was found and arrested by officers, then charged the following day, with the jewellery still in his possession.
DCI Nicky Mayo said: “This case is a credit to the force and the efforts of those involved.
“It was both the quick arrest, followed by the diligent investigation which led to the guilty verdict.
“The hard work put into this case means a prolific burglar is off the streets for a significant time.
“It goes to show that if you see something suspicious, you should report it as it could help us to apprehend an offender.”
Lincolnshire County Council is working with the Ministry of Justice to potentially move Lincoln Crown Court from Lincoln Castle into the Magistrates Court building on the High Street.
The plans would see the Crown Court operations relocated in the Magistrates Court on the lower High Street to free up the potential for tourists in the building at Lincoln Castle.
Proposed uses for the Crown Court building could include a tourist attraction with mock court rooms or using it as a venue for wedding registrations and ceremonies.
Pete Moore, Director of Resources at Lincolnshire County Council, said: ”Lincolnshire County Council has been holding informal discussions with the Ministry of Justice, with a view to relocating the Crown Court to the site of the Magistrates Court.
“This would have a number of benefits. It would provide a purpose built building for the Crown Court, and also free up the existing site for alternative uses, which could include transforming it into a tourist attraction, or even using it as a venue for registrations and ceremonies.”
Lincoln Magistrates Court on the High Street. Photo: File/The Lincolnite
The Crown Court move plans come as revamp work at Lincoln Castle is set to finish in 2015, ahead of the 800th anniversary of the Magna Carta, when a number of events will take place.
The County Council is also revamping the Victorian prison on the grounds, as well as building an underground display vault for the Magna Carta.
The castle redevelopment plans also include allowing full wall tours and free entry to the premises in the future (currently £4), with fees for tours and building access.
The idea to move the Crown Court from Lincoln Castle has been proposed before, in 2010, but at the time Her Majesty’s Courts Service (HMCS) said the move would be too expensive.
Lincoln County Court and Probate Services behind the Magistrates Court. Photo: File/The Lincolnite
If Lincoln Crown Court would operate from the same building as the Magistrates Court, an extension to the High Street premises is possible, creating a cluster of legal building on the spot, with the County Court and Probate Services building situated behind the Magistrates building.
