Two funeral directors face prison after running a fraudulent business leaving ‘badly decomposed’ bodies in an unrefrigerated mortuary room for more than a month.
Investigators found multiple managerial failings at Elkin and Bell Funerals in Gosport, Hampshire, including a slew of unpaid debts and dilapidated premises with a leaky roof.
Directors Richard Elkin, 49, and Hayley Bell, 42 have both been told to expect jail sentences after being found guilty on counts of causing public nuisance, preventing the burial of a body and running the business without a genuine licence.
Elkin was also found to have forged a funeral directing certificate, and had previously admitted to illegally possessing pepper spray.
Portsmouth Crown Court heard that enforcement agents had discovered the bodies of two elderly men, including that of 87-year-old William Mitchell whose remains showed signs of decomposition.
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The directors had argued that Mr Mitchell’s body had not been cremated because the relevant fees had not been paid.
Prosecutors insisted that costs had been covered by a funeral payment plan.
They said Mr Mitchell’s family were left ‘incredulous’ on learning the cremation hadn’t occurred and had even placed a wreath at Portchester crematorium on the ‘mistaken belief that his body had been cremated there’.
Lesley Bates KC, prosecuting, added that there were 40 more unaccounted bodies which had not been seen by separately by a hospital after being stored at Elkin and Bell between June 28, 2022 and December 10, 2023.
‘Bearing in mind the condition of the bodies they did see, what happened to these others?’, she asked.
The mortuary was also found to be in a poor condition, with water leaking through the ceiling, the court heard.
Elkin and Bell were previously investigated by the Gosport Environmental Health Partnership in August 2021 and responded to concerns over the state of the premises by purchasing an unsuitable refrigeration unit on eBay.
The two directors have been released on bail while reports are prepared on them before their sentencing on February 19.
Explaining his decision, Judge James Newton-Price KC said: ‘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.’
Assistant Chief Constable Paul Bartolomeo said the defendants had betrayed the trust of bereaved families ‘in the worst way possible’ and said that the case underlined the need for better regulation of the sector.
‘We need new legislation rather than relying on common law. We also need better regulation’, he said.
‘Combined, this can help ensure that all funeral directors act, as the majority do, with professionalism and compassion.’
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