Warrant for arrest issued for couple in their 70s accused of major Yorkshire fraud over 'inadequate details' of cancer diagnosis in Portugal

A judge has issued an arrest warrant for a pensioner couple accused of numerous counts of fraud in Yorkshire – when they failed to attend court in person for medical reasons that were disputed.

John Miles Carnell, 70, and Jacqueline Carnell, 73, were due to appear at York Crown Court on Monday to give their pleas to a number of charges, including theft and cheque forgery, allegedly committed in the Harrogate and Ripon areas between 2014 and 2018.

However, their attendance was by video link from their home in Portugal, as they have since moved to the Algarve.

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The court was told that Mr Carnell had been diagnosed with spinal cancer and undergone major surgery that rendered him unfit to travel, but both the Crown Prosecution Service and Judge Simon Hickey expressed concern over medical evidence provided.

York Crown Court exteriorYork Crown Court exterior
York Crown Court exterior

Judge Hickey had been sent a doctor’s letter just seven minutes before the hearing was due to begin, despite it being dated in March.

Prosecuting, Jonathan Sandiford KC said that the document had been presented to Harrogate Magistrates Court at an earlier hearing, when it had been agreed that the Crown court appearance would not take place until Mr Carnell had recovered from his operation.

Mr Sandiford added: “The date is unclear and there is no detail about either the procedures undergone or the prognosis given. The document is insufficient to excuse attendance given the lateness of the hour, and it doesn’t excuse Mrs Carnell at all. The court ought to issue a warrant for their arrest – it is the only way this case can progress. Medical notes should be provided. The documents are vague in the extreme and there is no way of knowing if they are genuine, which is significant in the context of a fraud case.”

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Issuing a warrant for both of their arrests, Judge Hickey said: “You were given an opportunity to undertake medical procedures. The letter is completely inadequate to explain why you are not here. There is no detail about any of the procedures or prognosis. When will you be ready for trial? This case needs to progress.

"Mrs Carnell has refused to attend court and has no excuse. The warrants stand unless further documentation is presented.”

Both counsels requested that a trial is accommodated at Leeds Crown Court rather than at Hull or Teesside, due to space constraints at York. A further pre-trial hearing will take place in July. The couple denied all charges at Harrogate Magistrates Court.

Mr Carnell was previously a director of a number of businesses registered in Leeds.