A CONTROVERSIAL businessman who was jailed for illegally dumping waste has failed in an attempt to derail confiscation proceedings against him.

Raymond Anthony Shepherd argued that efforts to claw back his criminal earnings were effectively “out of time” since a two year period had elapsed since his original conviction.

But Judge Tony Briggs, who has overseen two criminal trials involving Mr Shepherd and his former company Albert Hill Skip Hire, based in Darlington, said the time limits involved could be extended.

It is understood that more than a million pounds is being sought by the Environment Agency from the businessman under proceeds of crime legislation.

Judge Briggs, sitting at Teesside Crown Court, said: “The court should not be deprived of its duty to make an order where there is simply a time breach.

“It has been known for some time that confiscation proceedings were going to take place.”

Prosecuting, Lee Fish, representing the Environment Agency, said Mr Shepherd disguised himself behind Albert Hill Skip Hire in order to carry out his illegal activities.

But Mr Shepherd, who was in court and represented by barrister Huw Edwards, maintained he had not done anything illegal despite previously jailed for 18 months after being convicted of operating a regulated facility without a licence, unlawfully depositing controlled waste and failing to comply with a suspension notice.

Mr Shepherd, who has repeatedly sought leave to appeal his criminal convictions, will have another attempt considered by the Court of Appeal in London next month.

Judge Briggs said Albert Hill Skip Hire, which operated from a rented site in Dodsworth Street, Darlington, and also from a site in Whessoe Road, in the town, first received a warning letter from the Environment Agency in May 2007 over the illegal disposal of ‘mixed waste’ and was later subject to action for operating without an environmental permit.

Referring to Mr Shepherd, he said the businessman was “inextricably linked” to the company and was quite clearly in control of it.

The judge described him as a man of “intelligence and industry” and a “most unusual man [with] unusual talents” who knew a great deal about waste disposal.

He said the business saved money by not going through the usual protective channels and the amount saved was “clearly a financial benefit obtained by reason of its activities.”

Both sides are calling experts to support their arguments. The hearing, which could run for the remainder of the week, continues.