In May 2022 I started to receive phone calls from a person at Cannock Police Station asking me to come in for an interview. I never took the calls because they were from a number withheld number and I was never able to call back because they never left a number. Eventually, the police officer took to texting me at obscure times including Saturday tea time. We did manage to communicate eventually and it turned out that they wanted a formal interview about something to do with bats. I was unable to find out what their beef was and I hired a reassuringly expensive firm of solicitors called Irwin Mitchell. They had difficulty attending the interview and so the saga continued until plod were threatening to arrest me. Eventually on the 12th of July I went to Cannock. It was a blazing hot day. We sat in a broom cupboard sized room and this police person asked me the same question repeatedly. I’ll tell the story through the emails and whatsapps that flew around.
12/07/22 15.18 WhatsApp Message
I’m in Cannock nick whilst they are telling my solicitor what it is I have done- he will then tell me and then God knows where it goes. They really need air conditioning in here.
12/07/22 17.56 WhatsApp Message
I’m out and free. My solicitor thinks I won’t get charged and it may end here.
There was a report that my colleague ordered from an ecologist which he found on line which said we needed a licence and that we should make provision for the bats. I didn’t know about it and my colleague did nothing. The report did say that if we didn’t comply then it was a criminal offence.
(We told the ecologist to do the report and provide the licence which he failed to do. He then reported us for his failure to provide the report)
It’s up to the CPS but they probably won’t go after me again.
13/07/22 WhatsApp Message
The case is that there was a report which told us that we should buy a licence from Natural England and we failed to do it.
15/07/22 WhatsApp Message
Plod haven’t given up on the bats – I have to appear b4 the magistrates on Sept 26 (later delayed) when I will plead not guilty and a trial date will be set. The max they can fine me is 15k.It’s a criminal offence so if I get convicted I couldn’t get a new job – shame
15/07/22 Email from Irwin Mitchell
The officer has made contact to confirm that as expected the case will be sent to the Crown Prosecution Service for a decision as to whether they will charge you with this offence.”
21/09/22 Letter from Irwin Mitchell
POLICE INVESTIGATION – WILDLIFE OFFENCES
….You are required to attend the Staffordshire Magistrates Court on 12th October 2022 at 9:30am. Please arrange to attend the court by 9:00am to ensure you are there in sufficient time to have a discussion prior to the hearing.
Should you fail to attend the hearing without good reason the court could issue a warrant for your arrest at which point the police would arrest you and produce you before court the next day in custody. This could affect your chances of being granted bail and you could remain in custody until the conclusion of your case.
As you will recall you were interviewed by the police with myself present as your solicitor, concerning allegations that a number of protected species of bat were interfered with in the course of a building project being conducted as a part of your business.
You sought to explain your role within the business and your involvement in the day to day operations on site. You further advised them that there was a site manager who handled matters on site, and a firm of Planning Consultants Fisher German who handled planning permissions and other related matters.
We were advised by the investigating officer that your colleague was set to be interviewed, but we have not been informed of the outcome of that interview. It is not clear whether any representative from Fisher German has been spoken to.
This means that the police investigation is now ended as you have been charged. I will now close this file
22/09/22 Email to Irwin Mitchell
I am absolutely clear that I have committed no crime of commission – I really had nothing to do with bats one way or another. Should we have a discussion sooner rather than later to see if this madness can be stopped?
10/10/22 Whatsapp Message
At long last I get details of what the offence is meant to have been
It reads:-
Full Offence Wording
(1) On 11/09/2020 at Coven in the county of Staffordshire deliberately disturbed a wild animal of a
European protected species, namely a brown long eared bat, a common pipistrelle bat and a Soprano
pipistrelle bat
‘Contrary to regulation 43(1)(b) and (8) of the Conservation of Habitats and Species Regulations 2017.’
— CCCJS CODE: ‘CN17002’
This is clearly nonsense since I was nowhere near Coven on that day and could prove it
12/10/22 WhatsApp Message
Today was the day when I was due to plead at the Magistrates Court in Cannock. My solicitor and I duly appeared, went through security and had some discussions. We concluded that I should refuse to give a plea on the basis that the information we had was insufficient to enable me to plead. We then went into court 2 at 9.40 am to await the proceedings which were due to commence at 10.00 am. The court consisted of a bench behind which the senior magistrate sat and in front of her were 3 ladies from the CPS. They asked who we were – since we were clearly not their usual people because we were smartly dressed with suits and we were early. My lawyer explained that I was David Hill. They looked confused and then said “Oh that case has been dismissed”. We queried what that meant and they said “We told you it’s been dismissed”. We walked out at 9.41 and it was all over. So we went to Asda, had a cup of tea. The courts are not a nice place to be they are full of criminals!
My colleagues cheapo lawyer told him to plead guilty (but he never got the chance). Always employ the dearest lawyers and surgeons!
12/10/22 Irwin Mitchell write
I write to confirm the outcome of the hearing at Cannock Magistrates Court this morning.
As you are aware at the hearing the prosecutor for the Crown Prosecution Service (CPS) confirmed to the Court Clerk that the case against you and your colleague had been withdrawn which was excellent news.
The decision to withdraw the case had been made following an internal review of the case by a senior prosecutor within the CPS. The prosecutor who was at court today was unable to provide any information regarding the reason behind the decision.
Whatever the reason the case against you has now been withdrawn and noted accordingly on the court record.
I applied on your behalf and was granted a Defendant’s Costs Order. A Defendant’s Costs Order is made in circumstances such as where a case is withdrawn by the prosecution against a defendant or where a defendant is acquitted following a trial. The costs are paid out of government central funds. However, as I advised the costs recovered from central funds are capped at legal aid rates and therefore the amount recovered will be very low and will be unlikely to go anywhere near to fully reimbursing you in terms of your legal fees and your time taken in having to deal with the matter.
21/12/2023
So that was that – we went off and had a celebratory cup of tea at Morrisons. I felt sorry for the trainee solicitor who had travelled down from Manchester at 4.00am to see the proceedings and saw nothing. I also felt sorry for the masses of humanity in Cannock Court who were being tried for multiple offences, which basically derived from their poverty, who clearly could not afford to get decent representation and were just lambs to the slaughter.
