Ex-BHS owner loses fight against conviction
A JUDGE has said former BHS owner Dominic Chappell gave “entirely unbelievable” evidence as she dismissed his appeal against conviction for failing to provide information to the Pensions Regulator (TPR).
The 51-year-old ex-racing driver was ordered to pay more than £87,000, including a £50,000 fine, after being found guilty in January of failing to provide information to TPR about the firm’s pension schemes when it collapsed with the loss of thousands of jobs.
Chappell was issued with two notices, known as section 72s under the Pensions Act 2004, in March and April 2016 before being handed a warning notice in November that year.
Alex Stein, prosecuting, told the appeal hearing at Hove Crown Court that the “crux” of the case was that Chappell “failed to respond” to the three statutory notices.
Chappell claimed he “did everything in his power” to help TPR but had been “drowning in paperwork” as he was investigated by five Government departments.
Judge Christine Henson QC, overseeing the appeal with two magistrates, criticised Chappell for his “evasive and unbelievable” evidence to the court.
She said: “We have concluded that the majority of the answers given by the appellant, Mr Chappell, were not credible, he has not provided any reliable evidence to support his case.”
The director of Retail Acquisitions bought British Home Stores for £1 from billionaire Sir Philip Green in March 2015.
BHS went into administration in 2016, leaving a £571m pension deficit. Sir Philip later agreed to pay £363m towards this.
TPR investigated after the sale over concerns about two pension schemes representing 19,000 staff. Judge Henson adjourned the re-sentencing to a date to be fixed to allow Chappell to present details of his income.
His solicitor, Michael Levy, told the court that Chappell was on the brink of bankruptcy.