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

Routine inspection of a pub – InformationRear door open - four men preparing meat Investigation into activities commencedAccess was always going to be a problem

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

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

Estimated 4000 kg at premises

Retail receipts provided for 200 kg

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

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…

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)

Regulation 27, not produced, processed & distributed in compliance with ‘Hygiene Regulations’

- Regulation (EC) No 853/2004 Article 4.

7.5 tonne vehicle is the axel weight

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

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

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

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

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

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)

Coming to a place near you?Coming to a place near you?

Evidence they had done this beforeEvidence they had done this beforeAll equipment removed quicklyAll equipment removed quicklyProfitable ‘win, win’ scenario Profitable ‘win, win’ scenario

Thank you for listening