Illegal working results in SIA-led prosecution of Binbrook duo

These cases are the culmination of a series of prosecutions brought by the Security Industry Authority (SIA). They follow on from the prosecution of Louth company director Trevor Frater at Grimsby Crown Court in November 2021, in which Frater was ordered to pay £33,979.51 in Proceeds of Crime Act reparations within a period of eight weeks or otherwise face a prison sentence.

The case began when three unlicensed men were supplied from Frater’s business, namely Elite Security, to provide 24-7 illegal security for G4 Fuels Ltd between 17 July 2020 and 26 August 2020.

The men were supplied under the auspices of the site being a ‘COVID-19’ Test and Trace operation. SIA investigators found no links between an official Test and Trace operation and the supply of the staff to Brookenby Business Park.

On 27 October 2020, Chambers and Whitfield were invited to an ‘interview-under-caution’ involving SIA investigators. Whitfield joined the interview, while Chambers failed to engage with SIA investigators.

On 28 May 2021 at Grimsby Magistrates’ Court, the third unlicensed operative, Frank Quinton, pleaded guilty to working illegally. He was fined £100 and required to pay £779.40 in prosecution costs as well as a £39 victim surcharge.

Michael Chambers and Michael Whitfield pleaded not guilty to working without a licence, despite having been shown in video evidence that they had done so. A new trial date was therefore set for Friday 13 October this year.

At Humber Magistrates’ Court, Michael Chambers was found guilty and fined £500, ordered to pay £1,500 prosecution costs and also a victim surcharge £50. Michael Whitfield was found guilty and fined £500. He was ordered to pay £1,500 in prosecution costs and a victim surcharge of £50.

Jenny Hart, one of the SIA’s criminal investigation managers, observed: “This court case concludes a series of prosecutions where opportunists sought to exploit the sensitive COVID-19 period. Chambers and Whitfield falsely claimed that they never worked illegally for Frater and at the Brookenby site as security operatives despite video evidence clearly showing that they did. The SIA’s regulatory regime exists to protect members of the public from harm. Whitfield and Chambers have now incurred fines and criminal records as a result of their proven criminality.”

Illegal working

On 27 September, Aymen Essa was prosecuted at Merthyr Tydfil Magistrates’ Court for working as illegal security. Essa, from Cardiff, was fined £100 and ordered to pay £846 prosecution costs in addition to a £40 victim surcharge.

The prosecution was brought by the SIA, who had been informed by South Wales Police that Essa was working illegally without an SIA licence at a Rhondda construction site within an industrial estate on 9 January this year.

South Wales Police officers responded to an alarm at the site on 8 January and, when they arrived at the site, they noted Essa working as a security officer and  wearing a high-visibility jacket. Officers sought Essa’s SIA licence, which he didn’t have. They discovered he had been deployed by a Cardiff-based security company that held the security contract for the industrial estate.

The case was referred to the SIA’s criminal investigations team, who invited Essa for an interview under caution at Cardiff Bay Police Station on 23 May. Essa joined the interview, but failed to answer any of the investigator’s questions. He simply said: “Take me to court.”

The SIA is also pursuing a prosecution against the company responsible for deploying Essa at the site.

Not fit and proper

Mark Chapman, one of the SIA’s criminal investigations managers, explained: “Aymen Essa was found working illegally at a construction site in Rhondda. His previous history meant that he’s not a fit and proper person to hold an SIA licence. This latest activity will only add to his criminal record.”

Chapman continued: “Employers are reminded of their responsibility to carry out thorough due diligence checks on those individuals they engage in order to ensure that they are licensed and, therefore, suitable to conduct the hugely responsible task of protecting the public and premises. Any failure to do so will inevitably lead to further action being taken by ourselves as the regulator.”

In conclusion, Chapman noted: “I extend my gratitude to our partners at South Wales Police for their support in working in parallel with the SIA to secure this prosecution.”