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Roy O’Driscoll

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.

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Roy O’Driscoll

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

  2. 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

  3. 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

  4. 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

  5. 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

  6. Estimated 4000 kg at premises Retail receipts provided for 200 kg

  7. 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

  8. 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…

  9. 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)

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

  11. 7.5 tonne vehicle is the axel weight

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

  13. 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

  14. Fundingand 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

  15. 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

  16. 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

  17. 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)

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

  19. Thank you for listening

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