Man cleared after police throw away evidence

Chris Willmott

21 October. Updated: 24 October 13:30

A MAN accused of fraudulently collecting bags of clothes in Solihull intended for an air ambulance charity has been cleared – after the police mistakenly disposed of the bags.
Laisvydas Sipka (21) of Lozells Road, Birmingham, had pleaded not guilty at Warwick Crown Court to a charge of fraud.
It was alleged he used a false identity badge in March to collect bags intending to cause loss to the air ambulance.
But at an earlier hearing his barrister Jabeen Akhtar argued: “None of the bags collected had anything to do with the Midlands Air Ambulance.
“It was Air Ambulance, which is a commercial organisation rather than a charity, as is made clear on their leaflet. It is a company which belongs to his cousin, and he was collecting these bags on his behalf.”
The case arose after Sipka and a woman were seen by police in Solihull in a van in which it was alleged officers found charity bags containing clothing and two recently-expired air ambulance charity badges, one of which was being worn by the woman who was not charged.
Sipka had been due to stand trial earlier this month, but it was adjourned for further enquiries to be made.
And at the resumed hearing prosecutor Daniel Oscroft said: “A number of matters have come to light, and the charity bags appear to have been disposed of by the police.
“The critical issue is that it is apparent he was acting for a company collecting on behalf of air ambulance, and that he was innocently collecting these bags.”
He explained: “It was originally believed the bags had been left by Midlands Air Ambulance, but in fact they had been left out by a company.
“He was collecting bags belonging to a company which purported to be collecting on behalf of the air ambulance.
“He himself was not committing fraud by picking up these bags, although there may have been a conspiracy by others.
“The Crown’s view is that the whole collection operation is part of a fraudulent exercise. The issue is whether he was acting in an honest belief that it was a legitimate operation.”
And Mr Oscroft added: “Some of the bags in the van did not belong to Air Ambulance, but to other charities – but those bags have been destroyed, so it is not possible to say to whom those bags belonged.”
But he pointed out that the clothes in the bags were not destroyed, and have been sent to Midlands Air Ambulance.
Judge Robert Orme said he was ‘not impressed’ with the way the case had been prepared and that evidence had been destroyed, and he asked for a senior police officer to look into the matter.
After being told no evidence was to be offered against Sipka, the judge formally entered a not guilty verdict, but refused to make an order for Sipka’s costs to be paid.