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Published byGeoffrey Turner Modified over 9 years ago
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Roy O’Driscoll Macdonna’s Kebab (R v Fazal Karim, Ikram Ul-Haq & Muhammed Tariq)
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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
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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
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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
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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
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Estimated 4000 kg at premises Retail receipts provided for 200 kg
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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
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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…
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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)
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Regulation 27, not produced, processed & distributed in compliance with ‘Hygiene Regulations’ - Regulation (EC) No 853/2004 Article 4.
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7.5 tonne vehicle is the axel weight
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In total 10.8 tonnes of ‘meat’ & meat preparations seized
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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
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Funding and support FSA provided: FSA Investigator support - meeting, emails, 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
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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
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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 60 - 80%? 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
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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 (£4,500.00 fine and £1750.00 costs)
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Coming to a place near you? Evidence they had done this before All equipment removed quickly Profitable ‘win, win’ scenario
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