Wife of ex-councillor appealing 'fraud' Covid grant conviction 'was trading before lockdown'

Neena Kumari told Birmingham Crown Court she became the tenant of Pizza Plus, based in Bilston, on October 1, 2019, but only started trading in January 2020.

The 39-year-old and her husband Harman Banger, a former Cabinet member for city economy, are appealing a conviction of fraud by false representation.

It relates to an attempt to claim a £10,000 Covid-19 grant for Pizza Plus, with prosecutors arguing there was "no active business" run by the support grant cut-off date.

Kumari, who gave evidence at the appeal hearing, said the idea to run her own pizza businesses came when she and Banger, 41, flew to Dubai in September 2019.

She said it was something she had thought of "for a while" and she jumped at the opportunity when her husband said someone was interested in the property at The Orchard.

When asked by her barrister Ms Felicia Davy if she had any experience of running a business, the appellant explained she had asked two nearby businesses – a pizza restaurant opposite and a cafe – whether she could see how they ran prior to the conversation about Pizza Plus, which was agreed.

Rent was set at £325 a month due on the first from October 1, 2019, but the first's month rent was initially not paid by Kumari because a "lot of things came up" and it was agreed none would be paid for three months – until January 2020, the court heard.

The decision came after Banger took a business trip to India and came back ill, leading him to be treated at New Cross Hospital, with his wife looking after him until he recovered, the appeal was told.

Kumari, of Bilston Road in Wolverhampton alongside her co-appellant, said she started paying the rent cash-in-hand from her savings and her job at JSB Properties – a firm run by her husband – and began trading with Pizza Plus in January 2020.

She decided she wanted to do curry on one day, burgers on another and pizza on another over Monday, Wednesday and Friday, between 10am and 2pm, with each meal costing £5 each, the court heard.

The co-appellant said she went around nearby businesses and asked people if they wanted to sign up for pre-set meals on the days she was trading, and she would deliver the meals herself which were made at Pizza Plus.

Kumari told the court she was "not relying too much" on passing trade, only serving pre-set meals to her customers, and the shutters on the front of the shop had been left there due to them being too heavy to move.

Birmingham Crown Court was told and shown several handwritten receipts for items including chips, burger buns and salad items, alongside an order for curries with the co-appellant unable to make curries herself due to not having an oven – meaning she would have to re-heat them in the microwave.

When questioned by her barrister Ms Davy over whether her husband was involved with the business, she responded: "He did not want to have any involvement, it was my project. I wanted this to be my project and I didn't want any involvement because this is the first time I had something for myself. This is my business and I could have my independence."

The shop was closed down on March 13, 2020, and no food with left on the premises. Kumari told the hearing she discovered support for businesses shut due to lockdown "on the news" and something her husband, a then-councillor, has informed her about.

Judge Peter Carr oversaw the hearing alongside two justices. The hearing continues.