Funeral managers escape jail

Mark Eshelby, 48, and Graeme Skidmore, 44, panicked when they realised they had failed to put baby Benjamin Judson's body in the coffin.

York Crown Court heard they tried to cover up their mistake and put the baby's remains in the same coffin as 85-year-old Evelyn Sayner in an attempted cover up.

The bodies of both baby Benjamin and Mrs Sayner were incinerated on New Year's Eve, 1998.

Eshelby and Skidmore were both sentenced to 18 month sentence suspended for two years after they admitted the charge of conspiring to prevent a proper burial.

They were both fined £5000 each.

For more than nine years Benjamin's mum and dad, David and Paula, have unknowingly visited an empty grave.

Outside court Mr and Mrs Judson released a statement through their solicitor, Jonathon Mortimer.

It read: "I can just say a few words on behalf of Mr and Mrs Judson.

"In 1998, the Judson family had a premature baby called Benjamin. He was only with us for twenty minutes of life. His death was clearly a very tragic event.

"It is now clear that the arrangements the family made for the burial of Benjamin were not carried out properly which makes the loss even more distressing.

"The Judson family have private feelings which they understandably want to keep private.

"They are at least grateful for the guilty pleas which have been entered and the explanation which has now been given as to why a proper funeral was not afforded to Benjamin.

"An explanation which has remained a secret for perhaps too long."

Jason Sharpe, mitigating for Eshelby said: "He wishes to express all his regret and full sympathy to the family for his actions."

It emerged in court that the Judson family have lost another child.

Details of the cover up emerged in court.

Simon Keeley, the prosecution lawyer, outlined what had happened. He said: "Sometime on the afternoon after Benjamin's funeral courtege set off, Emma Barns, a junior member of staff in the mortuary noticed a baby transportation unit used to transfer Benjamin from the hospital.

"Although there was nothing unusual in that, something made her look inside.

When she saw Benjamin's body, she immediately ran upstairs and she alerted Graham Skidmore.

"They both ran to the mortuary. When there they decided that rather than alert the courtege that they would conceal the terrible mistake.

"Emma Barns returned and she found both the defendants standing over the coffin of Mrs Sayner.

"Skidmore was standing over the coffin and had the body of Benjamin inside the coffin.

"He placed the body between the legs of Mrs Sayner because it was the best place to conceal it from the operator.

"They both looked up at Emma Barns and told her not to mention it again.

"That afternoon the cremetation took place of Mrs Sayner and Benjamin at about the same time that Benjamin's coffin was being buried."

Mr Keeley said nine years later police looked for the diary for 1998 and it were missing.

However Emma Barns had told another employee what had happened and police exhumed Benjamin's empty coffin on 21 February 2007.

Both defendants were interviewed, Skidmore recalled what had happened and told police it was the 'worst decision of his life'.

Eshelby was interviewed but was unable to recall the event at all.

Sentencing Judge Paul Hoffman, Recorder of York Crown Court, said: "What you two did was not merely unlawful, it was abhorrent and repellent to the memory of the deceased person.

"It represents a serious breach of the trust of both families placed in you.

"Skidmore you have lost your job and your home, it is no more than you deserve.

"Eshelby you are going to lose your job and your home and again it is no more than you deserve.

"Both of you caused unimaginable grief to the families of Benjamin Judson and Evelyn Sayner.

"The statements from the families are harrowing and I must fight to keep firm control.

"If they had not enough grief you piled more on."

The Judge said that the cover up was not borne out of wickedness but was designed to conceal a ghastly mistake.

He said that although they had sleepless nights it was no more than they deserved. Their conduct had not impressed him although he had to give them credit for their guilty pleas.

He said: "My final word to you both is this: you leave the dock as shamed men.

Men who are forever tainted by the scandalous method of what you did and wherever you go and whatever job you seek, men will despise you and revile you and point you out as the men who did this and you will deserve all of that."

Benjamin Judson lived for just 20 minutes after he was born at York Hospital on December 18, 1998. His death certificate listed his cause of death as "extreme prematurity."

Evelyn Sayner, also of York, was an 85-year-old widow when she died on December 22, 1998 of kidney failure and gastroentiritis in York Hospital. A death notice for Mrs Sayner in her local newspaper said she had 'passed away peacefully in her sleep.' She had been a loving mother and 'dearly loved nana.' Neighbours of her son, Graham, said he died about four years ago.

Shane Sayner, grandson of Evelyn Sayner, read out a statement. He was flanked by Caroline Sayner, Evelyn's grandaughter.

He said: "This whole experience has been very upsetting for our family. We were very close to our nana, and could not believe what we were told by the police when they came to visit us.

"We are relieved that there has been a guilty plea because the trauma of a full trial would have been horrendous, but I feel they have got away lightly.

"The Co-op funeral home should take responsibility for employing people like this and we question why they got away with it."

Eshelby and Skidmore were colleagues at Co-operative Funeral Services in York.

Skidmore was the senior of the two and was area manager. Eshelby was local manager.

Graeme Skidmore is from the Lothians and left York to become Head of Funeral Services for Scotmid. He is a former executive on the Funeral Standards Council for Great Britain. He left his job in March.

Skidmore lives at Leslie Way, Dunbar, Scotland and Eshelby at Westlea, Londonderry, near Northallerton in North Yorkshire.

The cover up came to light when the City of York Council launched an investigation into allegations of malpractice at York Crematorium in February 2006.

They were investigating Deborah Kilvington, who was manager of the crematorium . She was suspended from her job but no charges were brought against her.

Brian Brock, of the Transport Salaried Staffs' Association, the union which represents Ms Kilvington, called for a public nquiry into the funeral and crematorium services of York.

He said he had advised his client to stop co-operating with the council's internal inquiirty in a bid to make the allegations public.

He said: "I'm really pleased that the TSSA recommended to its member not to co-operate with York City Council's internal inquiry. It's that refusal that has brought this into the eye of the public and it's that refusal which has ensured that the police got involved and ensured that justice was done."

A council spokesman said an internal disciplinary process was on-going.