We can now reveal the full extent of the criminal charges brought against Michael and Doris Stainer (pictured below) as presented in Westminster Magistrates Court on April 6th, and then in Southwark Crown Court on May 4th, courtesy of the Court reporting service.
In a separate hearing before ICC Judge Burton in the High Court on June 28th, in the matter of the Official Receiver’s application for a disqualification order again Mr Stainer, a copy of the charge sheet was also provided in evidence.
According to Lawrence Henderson, counsel for Mr Stainer, the criminal proceedings are based on the same facts as underlie the Official Receiver’s disqualification proceedings, and therefore the latter should be held over until after the criminal trial and ICC Judge Burton agreed with this.
As to the charge sheet, read to the Barrister of the accused by ICC Judge Burton, it was stated that:
“…….the failure [of] the Grand Folkestone Ltd, to submit PAYE NIC returns to HMRC in these proceedings for the years ended 2010, 2011, 2013, 2014 and 2015 and following its failure to make any payments to HMRC in respect of employees’ PAYE or NIC in any of the years between April 2009 to the date of the winding up order. The total claim of HMRC in the liquidation of the company runs to approximately £763,000 and the charge sheet refers to the defendant’s alleged intent to defraud and to the prejudice of Her Majesty the Queen and HMRC that he did cheat Her Majesty the Queen and HMRC of public revenue due as PAYE, income tax and National Insurance contributions by failing to account to HMRC for PAYE, income tax and National Insurance contributions, due under the registered PAYE scheme in the name of the Grand Folkestone Ltd, and further, the third charge is that between 6th of April 2011 and the 5th of April 2015, allegedly dishonestly and intending to make a gain for themselves or others, or to expose others to a risk of loss made representations to employees working at the Grand Folkestone, which they knew were or might be untrue or misleading, namely that PAYE income tax and National Insurance contributions had been paid to HMRC on behalf of those employees through the PAYE scheme.”
This will come as little comfort to the employees, past and present of the Grand, and we understand that some will be pursuing legal action to recover significant amounts of unpaid salary, holiday pay and now redundancy payments as well.
The Shepway Vox Team
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