Roy O’Driscoll Macdonna’s Kebab (R v Fazal Karim, Ikram Ul-Haq & Muhammed Tariq)

Erewash B.C.  District LA between Nottingham and Derby  No dedicated food safety emergency budget (sampling budget £2000)  ‘Unforeseen’ work impacts on the day job / inspections

Information received  Routine inspection of a pub – Information  Rear door open - four men preparing meat  Investigation into activities commenced  Access was always going to be a problem

Police involvement  Special Branch request premises information  EHO’s not to enter without Police  Visits conducted but no activity  Police notify EBC they had ‘raided’ premises  No issues highlighted  Business treated as legitimate

Contact with FBO  FBO’s provided with approval application  Completed / signed Registration form  Agreed to:  Cease production / sale  Provide traceability for all raw meat  Submit approval application  Subsequent visit conducted BUT, now only one FBO  RAN served and products detained on site

Estimated 4000 kg at premises Retail receipts provided for 200 kg

Preliminary Investigation  Relevant LA’s contacted, visits conducted  Suppliers deny involvement  Retail premises - no traceability  Access / contact issues  Advice sought - FSA food fraud team  Eventually FBO 2 contacted - FBO 3 taken over  Arrangements for possible seizure

Preliminary Investigation  FBO 3 meeting arranged - cancelled very ill  Advised of warrant process / entry by force  Access gained same day as FBO 3 much better!  Claimed:  Only manager  FBO 1 and 2 still FBO – contacted – Not them  Ok then must be FBO 4…

Seizure  Unapproved establishment  No application for approval received or completed  No health / ID marks  No traceability  NO FBO! Seize all suspect products  650 bags Minced fat/sinew (12kg to 15kg bags)  172 x Donner Kebabs  920 kg Mixed Assorted meats (unmarked bags)

Regulation 27, not produced, processed & distributed in compliance with ‘Hygiene Regulations’ - Regulation (EC) No 853/2004 Article 4.

7.5 tonne vehicle is the axel weight

In total 10.8 tonnes of ‘meat’ & meat preparations seized

Seizure and disposal  Held securely at local cold store  JP granted condemnation order  Meat removed for destruction  Transportation, storage and disposal costs £2635  EBC Sampling budget = £2000/year  Fighting fund application

Funding and support FSA provided:  FSA Investigator support - meeting, s, phone calls and documents Fighting Fund Grant obtained for:  All Seizure costs  Back filling for investigator time  Urdu Interpreter for interviews under caution and document translation  Specialist Counsel; EC 853/2004 experience

Interviews under caution Evidence to interview 4 people under caution  All claimed they were not the FBO One claimed;  Only produced 15 or 30 kebabs as samples  Fat / sinew free retail Halal supermarkets  Never supplied any Kebabs Another admitted;  Producing doners in 200, 400, 600 quantity and selling in Nottingham and Derby All said they didn’t know they had to get approval

Why prosecute?  Evidence of previous involvement  Knew the system, element of fraud  Criminal element; FBO 3 - Previous criminal convictions  Couldn’t attend court as tagged and under curfew!  Was the meat fit for human consumption?  Kebabs allegedly had very high fat / sinew contents %?  Gel binder used to stabilise  Gel binder supplied to only one other premises  FSA approved plant confirmed to be obtaining fat / sinew from retail Halal supermarket

Prosecution  19 November 2012 three pleaded guilty to offences under Regulation (EC) No 853/2004 (Article 4 (2), 4 (3) and Article 5) at Derby Magistrates Court.  They admitted:  Operating establishment without approval / conditional approval  Placing on the market POAO handled in an establishment subject to approval which did not have applied an identification mark  Total penalty £6250 (£4, fine and £ costs)

Coming to a place near you?  Evidence they had done this before  All equipment removed quickly  Profitable ‘win, win’ scenario

Thank you for listening