The bodies of two elderly men were found by enforcement agents who were repossessing a funeral parlour in Gosport, Hampshire, which was run by Richard Elkin and Hayley Bell
Two funeral directors have been warned to prepare for jail by a judge after a decomposing body was found in their mortuary room.
Richard Elkin, 49, and Hayley Bell, 42, ran Elkin and Bell Funerals in Gosport, Hampshire, and they were convicted of preventing the decent burial of a body and fraud offences following a trial at Portsmouth Crown Court.
Lesley Bates KC, prosecuting, told the trial that the bodies of two elderly men were found by High Court enforcement agents who had been tasked with repossessing the premises because of unpaid rent and debts.
She said that the room was not refrigerated and water was coming in through a leak in the roof of the mortuary room and the body of one of the men, 87-year-old William Mitchell “showed obvious signs of decomposition”.
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The prosecutor said that the defendants had said the body of Mr Mitchell had remained because the cremation fees had not been paid – when the costs had actually been covered by a funeral payment plan. Mr Mitchell’s family “were incredulous” when told by police that his body had not been cremated in the planned private cremation and had even placed a wreath at Portchester Crematorium in the “mistaken belief that his body had been cremated there”, the court heard.
Ms Bates told the jury that there had been five other known cases of “badly decomposed” bodies kept in the mortuary room of Elkin and Bell. There were more than 40 other bodies stored at the funeral directors between June 28, 2022 and December 10, 2023 which were not seen separately at hospital.
She said: “Bearing in mind the condition of the bodies they did see, what happened to these others?” Ms Bates said that the funeral directors was previously investigated by the Gosport Environmental Health Partnership in August 2021 and issued with improvement notices which the defendants responded to by buying a refrigeration unit on eBay which was unsuitable because of the size of the room.
They were both found guilty at Portsmouth Crown Court of intentionally causing public nuisance between June 27, 2022 and December 11, 2023, preventing lawful burial of a body between November 3, 2023 and December 11, 2023 and carrying on a business fraudulently between August 10, 2022 and December 11, 2023. Along with this Elkin was convicted of the forgery of a certificate of funeral directing and using it as a false certificate on or before December 10, 2023. He had previously pleaded guilty to illegal possession of pepper spray.
Judge James Newton-Price KC adjourned the case for pre-sentence reports to be prepared on the two defendants who will be sentenced on February 19. Releasing them on conditional bail, he told them: “I am going to adjourn sentencing in this case for pre-sentence reports on both defendants because I need to know more about each of you.
“Neither of you gave evidence in this trial and I need to know a little more about your circumstances and the circumstances surrounding these offences. You should prepare yourselves for an immediate custodial sentence.”
Rachel Robertson, of CPS Wessex, said that Elkin and Bell “showed a grave disregard for the dignity owed to the deceased in their care”. She added: “Their conduct caused serious harm to those coming into contact with their business and the families who had placed the care of deceased loved ones in their trust.”
Assistant Chief Constable Paul Bartolomeo, of Hampshire Constabulary, called for new legislation following similar cases elsewhere in the country. He said that the defendants had betrayed the trust of the families “in the worst way possible”.
He added: “We need new legislation rather than relying on common law. We also need better regulation. Combined, this can help ensure that all funeral directors act, as the majority do, with professionalism and compassion.”
