Brothers' plea on pollution charges

Andrew and Neil Medley face six charges - brought by the environment agency - of contravening the environmental protection act and the control of pollution act.

The brothers appeared at an administrative hearing held at Leeds Crown Court today to enable judge John Cockroft to determine whether the case against them should proceed.

All six charges relate to alleged offences in 1996 and relate to the disposal of waste asbestos removed from industrial premises in Yeadon when the brothers were directors of the former Guiseley based Medley's Ltd.

The brothers are charged with two counts of knowingly causing the deposit of waste asbestos on land at Ellar Ghyll, Menston, in May 1996.

They also face two counts of failing to supply a consignment note to the environment agency three days before the removal of waste and breaching the duty of care to prevent others committing offences in connection with the waste asbestos.

Today's hearing heard that the brothers had pleaded not guilty to the charges at a hearing last September.

But Mr Kular, representing Andrew Medley, said when the environmental agency case had been listed for mention in June, the judge had implicated nothing significant would be added to a previous sentence imposed on the brothers who had pleaded guilty to charges brought by the health and safety executive in relation to the removal of asbestos.

The brothers were both given community service orders when they were sentence on the HSE charges in April.

Mr Kular said: "It is our case that nothing will be added to any sentence if this prosecution were to proceed and it is the prosecution that would to some extent amount to an abuse of process."

The judge spent this morning listening to legal arguments from the defence as to why the proceedings should not go ahead.

The hearing continues.

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