David Lewis, who runs the corporate behind the Ffos y Fran opencast mine, appeared in courtroom this week
Mining tycoon David Lewis was cautioned for assault towards a solicitor. Lewis was later prosecuted, just for the case to be dropped — angering the alleged sufferer, Robert Davies MBE.
Lewis, 68, is the only director of Merthyr (South Wales) Ltd, which ran Merthyr Tydfil’s 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 12 months after its planning permission had expired. The corporate, which turned over £75.2m in 2022 and £54.6m the next 12 months, is at present mired in controversy over the land’s restoration.
The alleged sufferer, Mr Davies, has been a solicitor for greater than 50 years and was awarded an MBE in 2007 for his contribution to authorized companies. The 75-year-old is the founder and chairman of Newport-based RDP Regulation.
The background to the alleged assault, in accordance with 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 get together, had 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 Could 16 final 12 months whereas heading out of his legislation agency’s workplace in Newport. The solicitor claimed in an announcement to police: “I seen there was a black convertible automotive 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 automotive and heard somebody name: ‘Come right here you f***ing little s***.’ At that I noticed Mr Lewis getting out of his automotive. 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 scenario 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 mentioned nothing to him in reply and he finally launched me. I walked again into the workplace and he remained exterior.”
Mr Davies mentioned 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 didn’t adjust to the situation, which led to a prosecution being introduced. However when Lewis appeared at Newport Magistrates’ Courtroom this week, the prosecutor mentioned the case was being dropped, giving no rationalization.
Prosecutor Adam Warner then wrote to an outraged Mr Davies: “I’m writing to let you realize that I’ve reviewed the cost of assault occasioning you precise bodily hurt on Could 16, 2024, and made the choice to cease the prosecution. The explanation for my resolution is {that a} six-month time restrict to begin a prosecution for the suitable offence has handed.”
Nonetheless, no such time restrict applies to the offence of ABH. Mr Davies suspects 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.
Reacting to the prosecution being withdrawn, Mr Davies mentioned: “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 will likely be asking Gwent Police and the Crown Prosecution Service to account for his or her obvious failures in enabling this.”
Throughout the listening to Mr Lewis, who wore a polo shirt and shorts, spoke solely to present his title, date of start and tackle. His solicitor Matthew Demaid mentioned: “It is a disgrace this wasn’t handled correctly however the matter is being withdrawn so I am going to say no extra.”
Presiding Justice Richard Morris granted Mr Demaid’s request that his consumer’s authorized prices be lined by central funds. When the Justice of the Peace confirmed this, Mr Lewis laughed and walked out of the courtroom.
Mining tycoon questioned by WalesOnline exterior courtroom
Exterior courtroom, in an change you’ll be able to watch above, WalesOnline requested Mr 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.” Once we mentioned we had seen an e-mail from police confirming the warning, his solicitor suggested him to not remark additional. We’ve since verified the e-mail.
Ffos y Fran mine shut in November 2023 after Merthyr Tydfil council refused an utility to increase the time of operations there. Native residents had been angered by delays to the closure, which got here greater than a 12 months 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 12 months the corporate utilized for a revised scheme involving a special, “extra inexpensive” restoration course of. We 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 Mr 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 12 months 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 varied 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 few 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 liable 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 his solicitor.
If you realize of a narrative we needs to be investigating, e-mail us at conor.gogarty@walesonline.co.uk
