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Chance encounter leads to conviction of fly tipping waste carrier

Martin Christopher McDonagh, a 47-year-old waste carrier from London Road, High Wycombe, attended the town's Magistrates Court on Wednesday 22 May 2019 to plead guilty to an offence of illegal dumping of waste.  

The court heard that in the early morning of Wednesday 9 January 2019, a local resident discovered that a large pile of mixed building waste that had been dumped illegally at the side of a small access road off Seven Hills Road, Iver. On investigation by a Buckinghamshire County Council waste enforcement officer, evidence amongst the waste suggested it originated from an address in Hatton Garden, Central London.

The investigating officer went to the London address, and while he was there Martin McDonagh showed up intending to collect another load of rubbish. Confronted by the officer, he furnished false details and then fled the scene. However, the investigating officer had encountered McDonagh in connection with a previous case, and was able to correctly identify him.

Interviewed later at High Wycombe Police Station, McDonagh refused to cooperate with investigators. But when the case went to court he made an early guilty plea for which the magistrates gave him credit.

The defendant's limited means were also reflected in the magistrates' sentencing:

  • A compensation order of £1,361.16 to cover clearance and disposal
  • An award of £600 costs
  • A victim surcharge of £85
  • A 12-month community order consisting of 60 hours' unpaid work.
  • A requirement to participate in a ‘thinking skills’ programme.

The financial elements of the sentence therefore totalled £2,046.16.

Buckinghamshire County Council Cabinet Member for Planning & Environment Bill Chapple OBE, speaking on behalf of the Waste Partnership for Buckinghamshire, said: "Yet again one of our fly tipping prosecutions centres on builders' waste generated in London finding its way onto the country lanes of Buckinghamshire. Thanks to the diligence of our officer, the connection was made in this case that allowed us to successfully prosecute the criminal carrier."

The case was prosecuted by Buckinghamshire County Council working on behalf of the Waste Partnership for Buckinghamshire.  The Waste Partnership launched the 'Illegal Dumping Costs' campaign in November 2003 to combat illegal dumping and waste management offences in Buckinghamshire.  Since that date the Partnership has secured over 710 convictions against individuals and companies for illegal dumping and related offences. Fines and costs of over £1 million have also been handed down by the magistrates during that period. On average, since April 2010, there has been at least one conviction per week for illegal dumping offences in Buckinghamshire.  This has resulted in a reduction of reported incidents and a significant saving to the Buckinghamshire tax payer over the period, principally through compensation for removal and disposal costs.

Illegal dumping can be reported at www.fixmystreet.buckscc.gov.uk.