AN ABERGAVENNY man was due to appear at the City of London Magistrates' Court yesterday (Wednesday, January 30) charged with four others with conspiracy to defraud in relation to the sale of four open-cast mining sites in South Wales.

The case is being brought to court by the Serious Fraud Office after the five defendants Eric Evans, age 67, of Chapel Road of Abergavenny, Leighton Humphreys (38) from Cardiff, Alan Whiteley (48), Frances Bodman (30) and Richard Walters (32) from Bridgend were arrested last year.

All defendants were originally charged at Cardiff Bay Police Station with conspiring to defraud Neath Port Talbot County Borough Council, Bridgend County Borough Council, Powys County Council and The Coal Authority by deliberately prejudicing their ability effectively to enforce obligations to restore open cast mining sites to open countryside and/or for agricultural use.

It is alleged that the conspiracy involved the establishment of companies in the British Virgin Islands in the ultimate beneficial ownership of Mr Evans and Mr Whiteley and that the freehold title in the four sites was intended to transfer from Celtic Energy to the BVI companies, thus releasing provisions made in Celtic Energy's annual accounts in respect of financial liability to restore the sites and that this was done for the benefit of the conspirators.

Both Mr Evans and Mr Whiteley were solicitors working for the Welsh commercial law specialists A&M at the time of the allegations, but have since left the firm.

Mr Evans had previously been the Town Clerk of Blaenau Gwent Borough Council and was in private practice with Eversheds, where he was the Cardiff Head of the Property and Planning Department.

He was also the former deputy chief executive and legal adviser to the Land Authority of Wales, a statutory body created to ensure that land in Wales was brought forward for regeneration.