Newark conman took advantage of vulnerable Farndon business director to run illegal waste site on his land
An illegal waste site of 300 tonnes came about because a conman put a vulnerable business director under his spell, a court heard.
61-year-old Samual Hussan took advantage of co-defendant Frederick Hardy, 75, and cost him around £123,000 as a result of the illegal operation, Nottingham Magistrates' Court was told.
Hussan, of Bevercotes Close, Newark, sought Hardy's permission to rent some land by Hardy's Farm Shop, Farndon, for a wood waste business he called Sammy Recycling Ltd.
However, the court heard, the business usage was anything but that of recycling as Hussan would burn the waste — and had Hardy sign guarantor forms for financial commitments without his knowledge.
"The net result of your entanglement with Hussan has been a financial disaster, a total of £123,000 I'm told because you signed that guarantee," the presiding magistrate told Hardy.
"It would appear that Mr Hardy's company effectively paid a considerable sum, £64,000 plus VAT, to have the site cleared and dispose of the waste on a suitable site.
"This site was operated without compliance frameworks and exemptions were sought by Hussan after the event — which were seen for what they were, fig leaves."
Hussan, who pleaded guilty shortly before his trial date, was told: "To call your operation Sammy Recycling Ltd was frankly a total misrepresentation, there was no recycling whatsoever.
"You persuaded Hardy to rent you agricultural land and sign a guarantee to purchase equipment, and then burnt everything that was brought to you.
"You sought to minimise your personal involvement but the truth is it was not Travellers or a rogue employee that created a blott on the landscape.
"Be under illusion, as far as this court is concerned, your co-defendant was probably gullible but has paid an enormous price for the mess you left."
The prosecution said Hussan chose to ignore warnings from environmental officers in April 2018 that the operation was illegal, and continued to run it in flagrant disregard of the law.
"Your attempts to get exemptions afterwards were a pathetic attempt to cover up what you knew was illegal activity," Hussan was told.
The magistrate said Hardy's position was markedly different.
"You are charged with a permitting offence," he said.
"When your brother's solicitors highlighted what was going on to you, they made it plain that your activities were illegal. Instead of heeding the advice, you chose to listen to Hussan, who by then had you under his spell.
"It is a sad day that you appear in court for the first time in your life but I take the view that your culpability falls into the reckless category, it was a case of wilful blindness to the risk of offending.
"You knew better than everybody, it's farm land, and as such — stocking rubbish where it was inevitably going to pollute the ground and water, was unacceptable, and you let it happen."
In sentencing Hussan, the magistrate said he could not overlook his current health conditions and that he was the primary carer for his son.
Hussan was handed a 20-week prison sentence, suspended for two years, and will be on a curfew between 8pm and 6am for the next 12 weeks after he pleaded guilty to operating an illegal waste site. He was also disqualified from being a company director for five years.
He must also pay more than £18,000 in costs.
Hardy — who pleaded guilty to permitting an illegal waste operation — was fined for his involvement, with the total including costs amounting to more than £21,000.
