A CLEETHORPES clearance firm has lost its appeal against a conviction for fly-tipping.
As revealed in the Grimsby Telegraph last June, Marshall's Removals And Clearances was ordered to pay £6,000 by Skegness Magistrates Court after being found guilty of illegally dumping a whole kitchen at the side of a road in Alford.
Following the verdict, owner of the Fuller Street firm Andrew Marshall maintained his innocence.
However, the conviction and £3,000 fine has now been upheld by Lincoln Crown Court following an appeal.
Although the judge did not increase the fine imposed on the company, he increased the costs Mr Marshall will have to pay from £3,075.42 to £5,748.
Now Mr Marshall, who was taken to hospital with a suspected heart attack shortly after the hearing, intends to go to the Court Of Appeal in a bid to clear his name.
Speaking to the Grimsby Telegraph from the Diana, Princess Of Wales Hospital, where he was last night waiting to see a cardiologist, Mr Marshall said: "I am very disappointed that the judge has not upheld our appeal.
"I was very optimistic given that the key witness had changed his story and I thought that would have created sufficient doubt in the judge's mind.
"We are seeking legal advice and we are going to the Court Of Appeal to try to clear our name."
The case was brought against Mr Marshall and his firm by East Lindsey District Council after a witness spotted the kitchen units and even an integral cooker being dumped in Well, near Alford, on July 10, 2011.
Following the guilty verdict in June last year, Mr Marshall was fined £1,000, and the firm, which faced a separate charge, was fined £2,000.
The court also ordered him to personally pay £1,500 in costs to ELDC and the company to pay a further £1,575.42.
A petition and Facebook campaign were launched in support of Mr Marshall by satisfied customers, but their efforts were to no avail.
Mr Marshall said that the company would continue to operate as normal, albeit with his wife Faye at the helm while he recovered in hospital.
In a statement posted on the company's Facebook page, she thanked customers for their messages of support and said: "We are going to consider what to do next, but at this time I am more interested in getting my husband back home and well again.
"We haven't finished fighting just yet but Andy is my main priority."
Councillor Tony Bridges, portfolio holder for the environment at ELDC, said: "Fly-tipping is unacceptable and will not be tolerated in East Lindsey. We will take action against anyone caught fly-tipping and the outcome of this case sends a strong message to those who do fly-tip that if caught it'll be costly."
Enforcement officer at the council Kristina West said: "Anyone with information on fly-tipping should contact the council so we can bring those responsible to justice. East Lindsey is a beautiful District and no one should be allowed to spoil that."
