Man, 56, who ‘used and exploited’ a vulnerable victim for 40 years and made him live in a horse box and a 6ft shed is spared prison sentence
- Peter Swailes Jr, 56, sentenced to nine-month jail term, suspended for 18 months
- Victim was exploited while living with the defendant’s father, Peter Swailes Snr
- He was made to live in a horse box, disused caravan and more recently in a shed
- Swailes Snr, who died last year, approached man when he was aged around 18
A man who exploited a vulnerable victim for 40 years while he lived in a horse box and a six-foot wide shed has today been spared a prison sentence.
Peter Swailes Junior, 56, received a suspended jail sentence after he admitted conspiring with his 80-year-old father Peter Swailes Senior to financially exploit the man from July 2015 – when the Modern Slavery Act came into law.
The 61-year-old victim, who has a a ‘very low’ IQ of 59, was discovered by police living in a shed with no heating, no lighting and no flooring near Carlisle, Cumbria, in October 2018.
Swailes Snr, who died last year while awaiting trial for the modern slavery offences, approached the man when he was aged around 18 and invited him to work with him doing various jobs.
He was made to live in a horse box, a disused caravan and more recently in a shed on a residential site north of the city.
In contrast Swailes Snr lived in comfort in an adjacent chalet filled with expensive belongings, while the family dog slept in a similar-sized shed that contained a fitted carpet and a gas heater.
Peter Swailes Junior (pictured leaving Carlisle Crown Court), 56, received a suspended jail sentence after he admitted conspiring with his 80-year-old father Peter Swailes Senior to financially exploit the man from July 2015 – when the Modern Slavery Act came into law
The victim, who has a a ‘very low’ IQ of 59, was discovered by police living in a shed (pictured) with no heating, no lighting and no flooring near Carlisle, Cumbria, in October 2018
The Crown accepted Swailes Jnr’s basis of plea that although he had known the victim for many years he was unaware of his living conditions.
Swailes Jr, of Low Harker, Carlisle, accepted that from ‘time to time’ his father would contact him and arrange for the victim to undertake work with him, and that ‘on occasion’ he paid him less than his minimum entitlement.
The victim received specialist help after he was rescued and now lives in supported accommodation outside Cumbria.
In a legal first, he was able to give all of his evidence on video in advance years before the trial.
Barbara Webster, prosecuting, said: ‘When (the victim) was around 18 years of age, he was approached by Mr Swailes Senior, and invited to work with him doing various jobs.
‘He lived on the same site as Mr Swailes Senior. He had various accommodations, including a horse box, an old caravan, and in the last five years or so, and during this offending, the shed that we have heard so much about.
‘The court will be aware that he lived in the shed next to the chalet of Mr Swailes, with no heating, no lighting and no flooring.
‘In stark contrast, the family dog lived in much more comfortable surroundings.’
Ms Webster said the victim had a low IQ and ‘very little understanding of the world around him’.
She went on: ‘He was found by the police living in a rotten shed, with water pouring through it, with a make-shift bed, and congealed vomit in the corner.
‘Not the way that anyone would choose freely to live and not where he would be if he could have found himself better living accommodation.
Swailes Jr (above), of Low Harker, Carlisle, accepted that from ‘time to time’ his father would contact him and arrange for the victim to undertake work with him
‘He had few possessions to show for his 40 years’ hard work. He only had a wash bag, three second-hand coats, a few stained duvets, and CDs.’
He lived with the Swailes family for many years after being in care as a child, with Swailes Snr telling him he was his ‘boss’.
When he was not being made to work, Swailes Snr would order him to do chores such as painting the kitchen and cutting the grass.
In a nearby similar-sized shed to the victim’s ‘accommodation’, there was a fitted carpet, a light, a gas heater and the family dog.
Ms Webster said: ‘Peter Swailes Snr had a far better standard of living, an elaborate, carpeted home with expensive personal belongings. A palace by contrast to where (the victim) lived.’
When officers attended the traveller site in October 2018, the victim told them he only received £10 a day for his work duties.
The court heard the defendant’s basis of guilty plea, accepted by the Crown, was he had known the victim for many years and he was a regular visitor at his home.
However he did not live with his father and was unaware of the victim’s living conditions.
Swailes Jr accepted that from ‘time to time’ his father would contact him and arrange for the victim to undertake work with him, and that ‘on occasion’ he paid him less than his minimum entitlement.
Judith McCullough, defending, said father-of-five Swailes Jr left the family home aged 14 in fear of his father.
Officers from the Gangmasters and Labour Abuse Authority (GLAA) detain a man after rescuing a vulnerable victim living in a shed on a residential site in Cumbria
The 6ft-shed is seen on the site near Carlisle. The victim received specialist help after he was rescued and now lives in supported accommodation outside Cumbria
She said he and his father had not worked together and maintained separate businesses, adding: ‘It was a strained and difficult relationship.’
Ms McCullough said the victim was a ‘well known character’ within the travelling community and would occasionally dine at the defendant’s home and would be smartly dressed.
She said: ‘Peter Swailes is coming to terms with the fact that on occasion he undermined the trust and affection.
‘He would employ him on a casual basis and on occasion he paid less than he ought to have done. For that he is sorry.
‘He was shocked and angered to see the full picture once these proceedings were under way.
‘Peter Swailes is in poor health. He is in constant pain, regularly suffers mini-strokes and has problems with mobility.
‘He also suffers from mental health issues such as depression and anxiety. It is very unlikely he will be able to run a business again.
‘He has genuine remorse for his role in this offence.’
The jobs undertaken by the victim were ones no one else wanted to do or were far too dangerous, such as repointing chimneys and replacing roof tiles, the court heard.
Sentencing, Judge Richard Archer told Swailes Jr: ‘You may not have known the true extent of (the victim’s) living conditions, or his precise IQ, but it must have been obvious to you that he did not have any real appreciation for the potential consequences of some of the work that you required him to perform at an undervalue and with little or no regard for his personal safety.
Judith McCullough, defending, said father-of-five Swailes Jr (above, leaving Carlisle Crown Court) left the family home aged 14 in fear of his father
‘Your culpability is lower because you performed a limited function under direction with limited understanding or knowledge of the offending, or the effects of it at least.’
The judge said he took into account a pre-sentence report, which assessed Swailes Jr as posing a ‘very low’ risk of reoffending, and also his personal mitigation, including his poor health.
Swailes Jr left court without comment.
The victim, who cannot be named for legal reasons, now lives in supported accommodation outside of Cumbria and has been helped by City Hearts, a charity providing long-term support to survivors of modern slavery.
He said: ‘I was kept in a padlocked shed on a mattress, unable to leave unless I was told I could. I didn’t run away because I had nowhere else to go.
‘I now go on daily walks just because I can. I enjoy long walks to the shops, watching football and have made new friends.’
The charges came following a three-year investigation by the Gangmasters and Labour Abuse Authority (GLAA), supported by Cumbria Police and the National Crime Agency.
GLAA senior investigating officer Martin Plimmer said: ‘This has been a truly harrowing and traumatic case.
‘At the GLAA, our aim first and foremost is to work in partnership to protect vulnerable and exploited workers.
‘The priority from the outset was always to rescue this individual and we have succeeded in doing that.’
Martin Hill, Deputy Head of the CPS North West Complex Casework Unit, said: ‘We believe this is the first time a modern slavery victim has been able to give pre-recorded evidence for a court in England or Wales.
‘It allowed an exceptionally vulnerable victim to tell his own story of what happened in his own way and ultimately contributed towards this guilty plea.
‘By his plea Martin Swailes Jr has admitted his own complicity in treating this victim as a modern slave.
‘The victim is now being properly supported and I hope he can now begin to put the exploitation behind him and move on with his life.
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