By Bethan Finighan Rachel Smith
The wife of crime boss Tommy ‘Hotdog’ Smith says she will be forced to live in a tent after authorities evict her from their illegal scrapyard next week. Mary Smith, 48, lives in an eight bedroom detached house built on the land she owns in East Lancashire. The site, on Meadow Street, Great Harwood, is also home to a number of static caravans and stables for up to 40 horses. A large-scale operation is set to take place to evict occupants from the land following years of repeat anti-social behaviour, fires and criminal activity. Judge Guy Mathieson has issued a full closure order, shutting down the site for three months and forcing the residents off the land, Lancs Live reports . Preston Crown Court heard that the order follows previous orders that failed to put a stop to illegal waste collection and fires. A huge fire broke out on public land outside the boundary of the scrapyard in May, after illegal waste was dumped in the area. Firefighters spent four days tackling the blaze as toxic smoke blanketed the local area. Lancashire Fire and Rescue Service records show that more than 240 hours of firefighters’ time has been spent at the site. Police officers were also targeted with fireworks when they attended reports of disorder at the site on Bonfire Night. The entire waste management operation on the site is illegal, the court heard. Lawyers representing Mrs Smith did not dispute the basis of the order. However they said the welfare of children and animals must be taken into consideration. They argued for a partial closure, allowing residents to remain in their homes and take care of the animals. That application was rejected by Judge Mathieson, sitting with two justices at Preston Crown Court to hear the appeal. Rachel Varey, who lives in a static caravan on the site with her husband and three young children, said the eviction would be ‘traumatic’ for her children who would have to be removed from school. However, she accepted the children had been taken out of school to attend Appleby Horse Fair in early June and had not returned. Judge Mathieson described submissions from Ms Varey as “little more than emotional blackmail”. Mrs Smith, who gave evidence from the witness box, claimed the fires which had started at the site were caused by tenants who she had since evicted. She claimed she had not had any sort of business since her husband was jailed seven years ago and has had to sign on for benefits. Judge Mathieson said: “This closure order has been hanging over you for six months or more. In the event we make a full closure order, what thought processes and what plans have you put in place?” Mrs Smith replied: “Me and my daughter Indiana have bought a tent, a two man tent. That is all.” The judge asked: “You have a 拢1.4 million turnover and you are going to live in a tent?” Mrs Smith replied: “I don’t know what you are talking about. I don’t own any business. Sir, I think you have got it wrong. My husband has been in jail for the past seven years, I haven’t had any business for at least six years. At the moment sir, I have had to sign on benefits.” She did not provide any paperwork to the court to support this claim. Mark Chester, representing Lancashire Constabulary, said there was a ‘staggering’ list of previous enforcement action going back ‘years’ to tackle issues on the site. He said: “None of these measures have had the necessary effect and what is very clear is that as soon as these orders lapse, the lucrative business of waste management continues. “This has been years of misery being heaped on local residents.” He added that neighbours were unable to open their windows due to ‘putrid smells’ coming from the site, with some suffering breathing difficulties. Judge Mathieson granted a full closure order meaning more than 100 officials from the police, council, RSPCA and Environment Agency will move in to secure the site and prevent occupants from access. He said: “The fact is, the occupants of this site have done nothing to address the reasons behind the closure order. They have, either directly or indirectly by letting their tenants, continue to commit nuisance and continue to operate a highly profitable business. “The only way to ensure the cessation of this is to grant a full closure order.” He said there had been no evidence put forward to support Mrs Smith’s suggestion that she would be living in a tent and the children’s schooling would be disrupted as a result of the order.