Former Wolverhampton councillor and wife appear in court over Covid grant fraud conviction appeal
A former senior Wolverhampton councillor and his wife have appeared in court after an appeal was lodged against a fraud conviction relating to a Covid-19 grant.
Harman Banger and Neena Kumari were found guilty of fraud by false representation after trying to claim a £10,000 grant during the first coronavirus lockdown in March 2020.
The pair, of Bilston Road in Wolverhampton, denied the offences and appealed against the conviction handed down by magistrates after a trial took place last year.
It allows the appellants Banger and Kumari to present their case at a higher court – Birmingham Crown Court – while prosecutors will try to prove the case against them.
Prosecutor Daniel Oscroft, opening the prosecution case at the appeal hearing on Monday, said the pair had tried to claim the grant for a business known as 'Pizza Plus' at The Orchard in Bilston.
And it was "fraudulent from the outset" with "no active business" being run from the premises before March 11, 2020 – a requirement of the Covid-19 grant scheme, the court heard.
Mr Oscroft said an investigation of the property found there were old letters and correspondence littering the floor with the premises itself left "filthy", with the site advertised on Banger's own business website to lease.
And the prosecutor reiterated there was "no business" trading from the premises and documents produced by Kumari, represented by Ms Felicia Davy, to back up the application were made to give the impression it had been, the court heard.
Peter Farrow, head of audit at Wolverhampton Council, told the court a request had been made to Kumari, aged 39, for more information to support the initial request – but the authority felt "there was not sufficient evidence" submitted in response and it was "retrospective".
There were invoices on January 23, 2020 and another on February 6, 2020, for 10kg of chicken feet for each order which were submitted to help the claim, alongside rent invoices to JSB Properties run by Banger.
Mr Farrow said he would have expected a "selection of other invoices" considering it was a restaurant business, with no information being submitted concerning water utilities.
He added there was no evidence of any sales or advertising of the pizza business and it seemed it had no online presence since 2015 or before that, and the site was being advertised as vacant for £600 rent.
Michael Goodwin KC, representing Banger who was the former cabinet member for city economy, asked the witness whether his client had made requests for any other business – not linked to himself – to which Mr Farrow said "yes".
And the witness agreed with Mr Goodwin KC's analysis that Banger, aged 41, had been "open and transparent" about business he had been linked to, and it was made clear the former councillor was having a difficult time financially due to his tenants being unable to pay the rent including Pizza Plus and other businesses.
Mr Goodwin KC added two of the ex-councillor's applications for help through the same Covid-19 fund had been approved.
Judge Peter Carr oversaw the hearing alongside two justices. The hearing continues.
