It’s alleged to have left a everlasting scar, however a prosecution has been dropped
Second mining tycoon ‘assaults’ lawyer
That is the second mining tycoon David Lewis ‘assaulted’ a solicitor. CCTV footage on the high of this web page exhibits the millionaire jabbing a finger at Robert Davies MBE whereas pushing him towards a window.
Lewis, whose firm operated Merthyr Tydfil’s controversial Ffos y Fran mine, was cautioned for assault occasioning precise bodily hurt (ABH) and was later prosecuted for that offence. However the case was dropped, prompting Mr Davies to share CCTV of the incident with WalesOnline.
It seems to indicate Mr Davies, 75, exiting the Newport workplace of his agency, RDP Regulation, whereas Lewis is close by in a parked convertible. Lewis, 68, will get out of the automobile and strikes his face near Mr Davies earlier than following him to the aspect of the constructing, inserting each palms on the solicitor and holding him up towards a window.
Lewis is the only director of Merthyr (South Wales) Ltd, which ran Ffos y Fran — the UK’s final opencast coal mine — from 2007 till two years in the past when it lastly closed greater than a yr after its planning permission had expired. The corporate, which turned over £75.2m in 2022 and £54.6m the next yr, is at the moment mired in controversy over the land’s restoration.
Mr Davies has been a solicitor for greater than 50 years and was awarded an MBE in 2007 for his contribution to authorized providers. He’s the founder and chairman of RDP Regulation.
The background to the alleged assault, in response to Mr Davies, has to do with a civil courtroom case. He informed WalesOnline: “In April 2024, proceedings between corporations managed by Lewis, and a 3rd celebration, have been heard by the Excessive Courtroom in London. Each events had wished me as a witness; I declined, however appeared when summonsed by the courtroom to take action.”
After Mr Davies gave proof within the Excessive Courtroom, he says he was visited by Lewis on the afternoon of Might 16 final yr whereas heading out of the RDP Regulation workplace. The solicitor claimed in an announcement to police: “I observed there was a black convertible automobile parked within the bay instantly to the suitable of the entrance door of the workplace as one walks out.
“As I used to be leaving the entrance entrance, I turned left in direction of my automobile and heard somebody name: ‘Come right here you f***ing little s***.’ At that I noticed Mr Lewis getting out of his automobile. He walked as much as me saying a stream of invectives, got here proper up towards me pushing himself towards me and inflicting me to maneuver backwards.”
Mr Davies claimed he tried to de-escalate the state of affairs however that Lewis adopted him across the nook of the workplace. He alleged Lewis pushed him towards the foyer window, with a hand or arm across the solicitor’s neck. Lewis allegedly informed him: “You dropped me in it, you mendacity b******.”
The solicitor continued: “His face was proper up towards mine by then and he was forcefully holding me towards the wall… I stated nothing to him in reply and he ultimately launched me. I walked again into the workplace and he remained outdoors.”
Mr Davies stated he sustained a everlasting scar to the neck which he believes was attributable to Lewis’ ring or a fingernail.
Following a police investigation, a PC emailed Mr Davies in February: “Mr Lewis will obtain a conditional warning for [assault occasioning actual bodily harm] with the situation to attend a sufferer consciousness course.”
After being cautioned, Lewis allegedly did not adjust to the situation, which led to a prosecution being introduced for ABH. However when Lewis appeared at Newport Magistrates’ Courtroom final week, the case was dropped with out rationalization, leaving Mr Davies appalled.
Prosecutor Adam Warner then wrote to Mr Davies: “I’m writing to let you recognize that I’ve reviewed the cost of assault occasioning you precise bodily hurt on Might 16, 2024, and made the choice to cease the prosecution. The rationale for my determination is {that a} six-month time restrict to begin a prosecution for the suitable offence has handed.”
Nevertheless, no such time restrict applies to the offence of ABH. Mr Davies suspected the prosecution service determined a extra applicable cost can be frequent assault — which is topic to a six-month time restrict — however then realised it was out of time.
The Crown Prosecution Service (CPS) has now confirmed this. Its spokesman informed WalesOnline: “Having acquired the case from the police, and following a assessment of the proof, we concluded that the right cost was assault by beating. Nevertheless, the statutory time restrict for that offence had already expired. Consequently, the case was discontinued as we couldn’t proceed with the unique cost.”
The reason has did not fulfill Mr Davies, who claims no-one from the authorities got here again to him to test “the extent, nature or impact” of the harm, which he alleges to be a everlasting scar.
He stated: “It’s past dispute that Lewis assaulted me. It was caught on CCTV. He subsequently admitted it [by accepting a caution]. Nothing may very well be clearer. That he has escaped answerability to the courtroom is wholly unacceptable, and I can be asking Gwent Police and the Crown Prosecution Service to account for his or her obvious failures in enabling this.”
Through the magistrates’ courtroom listening to, Presiding Justice Richard Morris granted a request from Lewis’ solicitor Matthew Demaid that his authorized prices be coated by central funds. When the Justice of the Peace confirmed this, Lewis laughed and walked out of the courtroom.
Outdoors courtroom, WalesOnline requested Lewis if he had beforehand accepted a warning for ABH towards Mr Davies. He replied: “I have never accepted a warning, completely not. I’ve simply been discovered acquitted.” After we stated we had seen an e mail from police confirming the warning, his solicitor suggested him to not remark additional. Now we have since verified the e-mail.
Ffos y Fran mine shut in November 2023 after Merthyr Tydfil council refused an software to increase the time of operations there. Native residents have been angered by delays to the closure, which got here greater than a yr after the deadline on its planning permission.
Merthyr (South Wales) Ltd initially agreed a plan to revive the 285 hectares of land as soon as mining completed, however earlier this yr the corporate utilized for a revised scheme involving a special, “extra inexpensive” restoration course of. We just lately reported that the Coal Motion Community, a marketing campaign towards coal mining, was planning to take the agency to courtroom over its alleged refusal to fund the unique restoration deal and “clear up its mess”.
In 2003 Lewis, of Sluvad Street in New Inn, Torfaen, was convicted of acquiring £88,000 by deception. Cardiff Crown Courtroom heard the then-46-year-old ran corporations with a turnover of £39m a yr and have become a “pathological gambler”, betting on “something that lived or moved”.
He positioned greater than £250,000 in bets over three months in an account with bookmakers Stan James. However after operating up money owed of £88,000 he lied to the financial institution that the account had been used with out his authority, and was repaid the cash.
The courtroom heard that Lewis — whose civil engineering enterprise had contracts with numerous native councils — later paid again the refund he shouldn’t have had.
Imposing a three-year neighborhood rehabilitation course and £33,000 in prosecution prices, Decide Jonathan Durham-Corridor KC informed Lewis: “You set a couple of scheme to deprive all people besides your self, and when the reality was put earlier than you, you wriggled, twisted and whinged.”
In its 16 years in operation, some 11 million tonnes of coal was extracted from Ffos y Fran. The mine was chargeable for 86% of the UK’s coal output earlier than it shut.
Gwent Police and the Crown Prosecution Service have been approached for touch upon Mr Davies’ criticism over the ABH prosecution. Lewis has been approached for remark by way of his solicitor.
If you recognize of a narrative we needs to be investigating, e mail us at conor.gogarty@walesonline.co.uk
