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Liverpool Echo
Liverpool Echo
National
Neil Docking

Dad evicted from allotments returns and dumps asbestos

A dad-of-two evicted from an allotment in Wirral returned and dumped rubbish including dangerous asbestos at the site.

Jonathon Rainer turned up at Bebington Allotments in the dark and started unloading rubble from the back of his Volkswagen van.

But unluckily for him, two police community support officers caught him red-handed, having been alerted to "suspicious behaviour".

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They found the 27-year-old had fly tipped a large amount of material including broken bricks, carpets, a metal bar, old curtains, clothing and the remains of an old gas heater, at the site in Bebington Road, Tranmere.

Liverpool Crown Court heard the items ditched at around 9.15pm on March 3 this year also included a piece of asbestos on top of a carpet.

Robert Dudley, prosecuting, said Rainer told the community officers: "I have been very stupid."

Jonathan Rainer leaves court with his partner after being spared jail (Liverpool Echo)

Police attended the scene and arrested Rainer, while his van was taken away, but later returned to him.

Mr Dudley said Rainer previously had a tenancy at the allotments, but had been evicted as it was not run properly.

The prosecutor said: "When interviewed he said he was unaware he had tipped any asbestos, but agreed he may have done so inadvertently.

"He said he knew it was wrong."

The court heard that the cost of clearing the site was £1,400, including £240 for specialists to remove the asbestos.

Mr Dudley suggested it was a "deliberate" offence with a "flagrant disregard for the law".

Rainer, of Dickens Close, Prenton, formerly of Parkhurst Road, Tranmere, admitted two offences of fly tipping.

He has no previous convictions.

Christopher McMaster, defending, asked for credit for his client's "prompt" guilty plea and admissions.

He urged the judge to spare Rainer jail - explaining that he had been renovating his home and taking items out.

Mr McMaster said: "Normally he endeavoured to make an appointments to take the rubbish to the tip but no appointments were available and he made what could be described at best as an exceptionally reckless and foolish decision."

Judge Stuart Driver, QC, interjected: "No, it wasn't foolish. It was a filthy thing to do and it was criminal."

Mr McMaster said his client accepted it had been "a criminal and a disgraceful thing to do".

Mr McMaster said: "He had no knowledge that the items he was depositing had any asbestos within them. It seems there was a piece within an old gas fire. He is not an expert in these matters... he would never have deposited it if he had known."

The lawyer said Rainer had a partner and two young children, and had always worked in the garden industry, until he lost his job because of the pandemic.

He said his client had now got a new job in Tarporley, Cheshire, working 48 hours a week, and would use a loan he took out for his house to pay any compensation within three months if it was ordered by the court.

Judge Driver told Rainer: "You made a deliberate decision to dump a large quantity of waste on, of all places, an allotment.

"It included a small amount of asbestos although I accept you did not know that was there."

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The judge noted Rainer's previous good character, good work record and three character references, "which speak highly of you".

He said: "This is a case with strong personal mitigation and one in which immediate custody would result in a significant harmful impact on others."

Jonathan Rainer leaves court with his partner after being spared jail (Liverpool Echo)

Judge Driver handed Rainer eight months in prison, suspended for 12 months.

He ordered him to pay £1,400 in compensation, costs of £425 and he fined him £75, to be paid off at least £200 a month.

Advice on what to do if you suspect fly tipping is available on Wirral council's website www.wirral.gov.uk.

You can report fly tipping to Merseyside Police here.

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