Gosport funeral directors found guilty of preventing lawful burial as judge tells them to prepare themselves for jail
Two Gosport funeral directors have been told to “prepare” themselves for jail after being found guilty of preventing the lawful burial of a body.
Richard Elkin, 49, and Hayley Bell, 42, ran Elkin and Bell Funerals in Nobes Avenue before it was shut on December, 10, 2023, after the discovery of a decomposing body in its mortuary. The premises were found to be in a state of disarray with broken windows, used coffins, a lack of refrigeration, and water dripping through the ceiling.
The two have been found guilty of preventing lawful burial, intentionally causing a public nuisance and fraud following a trial at Portsmouth Crown Court. Both Elkin and Bell will be sentenced on February 19.
Judge James Newton-Price KC, who released them on conditional bail, said: “I am going to adjourn sentencing in this case for pre-sentence reports on both defendants because I need to know more about each of you.
“Neither of you gave evidence in this trial and I need to know a little more about your circumstances and the circumstances surrounding these offences. You should prepare yourselves for an immediate custodial sentence.”
The court had heard how the family of 87 year-old William Mitchell had believed their loved one had already been cremated when in fact he was still at the funeral directors decomposing after 36 days. It was also found that the business was in debt and had received numerous county court judgements and had forged its ‘Certificate of Funeral Directing’.
Following the hearing, assistant chief constable Paul Bartolomeo from Hampshire & Isle of Wight Constabulary said: “We can all empathise with the families connected to this case.
“We have all lost someone we care about, or will in the future. When that happens, in the worst moment of our lives, we turn to trusted pillars of the community to help, to look after our loved ones, to provide care.
“Mr Elkin and Ms Bell betrayed that trust, and betrayed it in the worst way possible. As the jury have found they did not act in a loving, caring or compassionate way. Instead they left bodies unrefrigerated for long periods of time, causing high levels of harm to the public.
“We need to make sure this never happens again. As a police service, if something doesn’t feel right it is important that we trust our instincts and do everything we can to support members of the community in their time of need.
“In this case, our officers turned over every stone to bring Elkin & Bell to justice using legislation that is hundreds of years old. This also would not have been possible without the determination and support of our partners at the Crown Prosecution Service.
“Sadly we are aware of other similar cases across the country . We need new legislation rather than relying on common law. We also need better regulation. Combined this can help ensure that all funeral directors act, as the majority do, with professionalism and compassion.
“Finally thank you to the families who have provided excellent witness evidence, come together to look after one another, and can now allow their loved ones to rest in peace.”
Rachel Robertson, District Crown Prosecutor for CPS Wessex, said: “This has been a difficult case for all involved. Today’s verdict has delivered justice for those families whose trust was grossly abused by Richard Elkin and Hayley Bell.
“Elkin and Bell were rightly charged by the Crown Prosecution Service with serious and broad-ranging criminal wrongdoing in relation to their funeral business. They showed grave disregard for the dignity and care owed to the deceased and to the trust placed in them by grieving families.
“They were dishonest in their business practices and failed to provide a proper and lawful burial for one gentleman despite having been paid to do so. Their conduct caused serious harm to those coming into contact with their business and to those families who entrusted their loved ones into their care.
“Nothing can undo the damage they have caused but we hope today’s convictions bring some measure of comfort to the families affected by this deeply callous criminality.”