Tue, 30 Jun 2020
Counsel from No5 Barristers' Chambers Ecky Tiwana was successful in quashing the client’s convictions at an Appeal Hearing at the Derby Crown Court on the 23rd June 2020. Acting for Derby Landlord Mr Jaswinder S Khatkar Counsel asked the Court to review the 11 charges against his client, citing "fundamental errors and defects” in the Council's case.
The Prosecution had been brought by Derby City Council Housing Standards team. Counsel who acted for Mr Khatkar throughout the proceedings had asked the Council’s legal team to fully review the 11 charges on the basis there were a number of fundamental errors and defects in the procedure used by the enforcement officers in this case. The Council having reviewed the case did not contest the Appeals and all 11 charges were quashed by Judge Robert HHJ Egbuna.
Mr Jaswinder S Khatkar appealed an earlier prosecution at the Magistrates Court on 6th February 2020, where he was convicted for failing to comply with Improvement notices which were served in relation to two properties on Hartington Street, Derby and he was fined a sum of £19,000. Mr Khatkar from Derby, who owns and manages his own property portfolio, maintained that the properties had been fully inspected and approved by the Derby Fire and Rescue Services months before the notices expired and all other works had also been approved and certified.
This is the second case in recent months where a previous unsafe prosecution by Derby City Council Housing standards team has been overturned at an Appeal hearing at the Derby Crown Court. In March 2020 Mr Gill, also of Hartington St was successful in his appeal against a similar prosecution, where he was fined over £50,000. In that case, Mr Tiwana again asked the Council to undertake a full review of the process used by the Council’s housing enforcement team. Mr Gill was cleared of all charges and was awarded costs.
The Judge in Mr Khatkar’s Appeal made reference to the previous case of Mr Gill’s before going on to allow the Appeal and also award costs to Mr Khatkar.
To read more on this case visit:https://www.derbytelegraph.co.uk/news/derby-news/derby-landlords-convictions-over-failing-4259375