Body found decomposing as pair of 'fraudulent' Gosport funeral directors go on trial

Grieving relatives of 87-year-old William Mitchell went to the crematorium to place a wreath on the coffin when in fact his body was still lying in the mortuary, a jury at Portsmouth Crown Court heard.

It was said that the body was later found 'decomposing' in a mortuary owned by funeral directors Richard Elkin and Hayley Bell in an unrefrigerated room with 'water running down the walls'.

When high court bailiffs went to repossess the premises from the debt-ridden pair, they found Mr Mitchell's body - which had been there for 36 days - and found a coffin had not been ordered for it, the court heard. It was said that since opening in 2019, the business model had been so disorganised it was a case of 'robbing Peter to pay Paul'.

It rarely paid its bills and was 'building up a legacy of ever-increasing and irredeemable indebtedness', since Elkin and Bell owed over £20,000 in rent and electricity bills, it is alleged.

The pair, owners of Elkin and Bell Funeral Ltd in Gosport, were charged with 'serious and broad-ranging criminal wrongdoing'.

Enforcement officers said the scene at the mortuary 'did not look right' - as there were decomposing bodies in the mortuary - which was no cooler than the rest of the building.

Elkin told the police that his mental health meant that he had not been involved in the day-to-day running of the business - when he had driven one body just a few days earlier.

The court heard that the 'persistent, parlous financial state' of the business impacted its proper running - before it was shut down in December 2023.

They also had a certificate from the National Association of Funeral Directors in the front office - which was later found to be a forgery, the jury heard.

Elkin, 49, is charged with recklessly causing a public nuisance, preventing a lawful burial, fraudulent trading, forgery and using a false implement with intent. Bell, 42, is charged with recklessly causing a public nuisance, preventing a lawful burial, and fraudulent trading. They pleaded not guilty to all charges.

The pair showed little emotion during the opening at Portsmouth Crown Court. Lesley Bates KC, prosecuting, said: "Mr Nicholas Thomas is a High Court Enforcement Agent. On the morning of Sunday December 10, 2023, together with his colleague he went to a business premise at 186, Nobes Avenue.

"The two men went there to repossess that premises on behalf of its owner and landlord. The business operating from the premises was called Elkin and Bell Ltd. It was a firm of undertakers.

"In the mortuary at the back of the premises they found the bodies of two elderly deceased men. They felt immediate concern at the circumstances in which the bodies were being kept.

"Water was coming in through a leak in the roof of the mortuary room. It was running down the walls. The room was not refrigerated. The temperature within the mortuary room was no different to elsewhere in the premises.

"As Mr Thomas put it when he phones his manager to report what he and his colleague had found 'I know it's a funeral director, but it doesn't look right'. The police were contacted. On that same morning, officer went to the premises.

"The body of one of the bodies, Mr William Mitchell, showed obvious signs of decomposition. On that same day, PS David Keely went to the nearby home address of Richard Elkin and Hayley Bell.

"He explained that the Police had become involved because of the circumstances in which the bodies of two deceased persons had been found within the premises."

Elkin explained that the bodies had not been embalmed because they were awaiting permission from the families.

Ms Bates said: "According to Elkin, it was Mr Mitchell's bereaved family who were responsible that his body should still be in the mortuary room and that it was in the state it was."

William Mitchell had died on November 4, 2023 at his home - aged 87. His body was taken to the Elkin and Bell's business but by the time the enforcement agent arrived it had been there for 36 days.

The undertakers said it was because they had not yet received payment for a cremation - yet it was found that he had paid the final instalment of his funeral plan - which cost over £2,000 - in 2006.

On November 30, Mr Mitchell's wife, Patricia, had prepared a bunch of flowers for his funeral - which she was told would take place the following week. When police entered on December 10 the flowers were still in one of the rooms.

Mrs Mitchell asked Bell for an invoice from Golden Charter Ltd for the cost of the cremation of the body. Ms Bates said: "Golden Charter Ltd had been told in the invoice submitted to them by Ms Bell that the body of Mr Mitchell was to be conveyed to the crematorium in a 'fully lined, oak veneered MDF coffin'.

"In contrast, Mrs Mitchell was told it would be in a 'coffin of simple design'. As subsequent events were to prove, neither representation turned out to be true. No coffin was ever purchased for the body of Mr Mitchell.

"On November 17, Elkin and Bell Ltd had placed its last ever order for coffins. Four coffins were ordered on that day. None were allocated for the body of William Mitchell, though by that date it had now been in their care for nineteen days and payment for his cremation was imminent and guaranteed."

The police sergeant went to the homes of the families of William Mitchell, and another deceased man - Clive Reynolds. When telling Mr Mitchell's brother that his brother had been found in the mortuary he was 'incredulous' and was in 'disbelief when advised of the circumstances'.

Mr Mitchell's brother had not planned to attend the cremation - based on his brother's wishes - but went to Portchester Crematorium to place a wreath instead. He mistakenly believed that his body had been cremated there.

After a subsequent investigation, the pair were charged in November 2024 with 'serious and broad-ranging criminal wrongdoing in relation to their undertaker business'.

Elkin denied any involvement in what happened to Mr Mitchell's business as his mental health had meant he had nothing to do with the business' day-to-day operations. He said that Bell had run the business for the two years prior.

Ms Bates said that this was not true, stating: "As recently as November 4, together with Ms Bell, he had collected the body of Mr William Mitchell from his home address and conveyed it to the business premises.

"The reality is that he and Ms Bell were in business together from first to last.

"He knew and understood just as well as she did, its persistent parlous financial state and how that impacted upon the proper running of the business and the care of its clients."

When the business was shut down in December 2023, no rent had been paid in over three years - leading to arrears of £13,440.

They had also not paid a penny of their electricity bill - which amounted to £8,567 - leading to them 'building up a legacy of ever-increasing and irredeemable indebtedness'.

The trial continues.