Tea fraudster who conned luxury hotels has sentencing delayed
The sentencing of a fraudster who passed off ordinary tea as a unique, Scottish-grown variety and sold it to luxury hotels, retailers and growers in a near £553,000 scam has been delayed after his lawyer withdrew at short notice.
Thomas Robinson, 55, claimed to have cultivated the tea at his Perthshire estate using innovative techniques, but in reality it was bought from wholesalers and grown outside of Scotland.
Operating under the business name The Wee Tea Plantation, Robinson fraudulently sold the tea to high-profile clients in the hospitality sector between January 2014 and February 2019.
Representatives of the Balmoral Hotel, the Dorchester Hotel and a company acting on behalf of Fortnum & Mason were among those tricked by the fraudster.
A Food Standards Scotland (FSS) investigation found Robinson also misled genuine Scottish tea growers by selling them plants under the false pretence they were a unique, locally-grown variety.
He was found guilty of two counts of fraud to a value of almost £553,000 following a trial at Falkirk Sheriff Court in May, which came after an investigation by FSS.
Robinson also tried to bolster his credibility by fabricating academic qualifications and industry awards and claimed to have sold tea to customers including Kensington Palace.
The 55-year-old, also known as Tam O'Braan and Thomas O'Brien, was due to be sentenced at Stirling Sheriff Court on Wednesday morning.
However solicitor Virgil Crawford, who had previously represented Robinson, told the court he was withdrawing from acting on his behalf.
Robinson, identifying himself as Thomas O'Brien, appeared by video-link from HMP Low Moss and said he had been informed Mr Crawford was withdrawing 'about 10 to 15 minutes ago'.
Sheriff Keith O'Mahony asked whether he had had the opportunity to read the criminal justice social report prepared ahead of sentencing, to which Robinson replied he had not.
The sheriff asked whether he would be in a position to offer mitigations on his own behalf if he is sentenced later without legal representation.
Robinson said: 'I have notes of mitigation in my cell. I've made some very brief notes in the 10 minutes since I spoke to Mr Crawford.
'In essence I don't think the sentiment will change – there is a deep regret on my part and that's entirely what I'm going to be saying.'
The sheriff said he would defer the case until 2.30pm on Wednesday to give the 55-year-old the opportunity to read the report and make inquiries about legal representation.
He said: 'I will decide this afternoon whether to proceed to sentence.'
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Thomas Robinson, 55, claimed to have cultivated the tea at his Perthshire estate using innovative techniques, but in reality it was bought from wholesalers and grown outside of Scotland. Operating under the business name The Wee Tea Plantation, Robinson fraudulently sold the tea to high-profile clients in the hospitality sector between January 2014 and February 2019. Representatives of the Balmoral Hotel, the Dorchester Hotel and a company acting on behalf of Fortnum & Mason were among those tricked by the fraudster, who had claimed to have sold tea to customers including Kensington Palace. A Food Standards Scotland (FSS) investigation found Robinson also misled genuine Scottish tea growers by selling them plants under the false pretence they were a unique, locally-grown variety. On May 25, he was found guilty of two counts of fraud to a value of almost £553,000 after a trial at Falkirk Sheriff Court, which followed an investigation by FSS. 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His actions caused real financial and reputational harm to individuals, businesses and a developing sector of genuine Scottish tea producers. 'This outcome is the result of a complex and painstaking investigation involving a dedicated team at FSS and the co-operation of partner agencies and key witnesses. 'It demonstrates that those who set out to mislead consumers and defraud businesses will be held accountable. 'Food fraud undermines consumer trust and damages the integrity of Scotland's globally respected food and drink sector. We remain committed to detecting and disrupting criminal activity of this nature.'
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'I've had time to wrestle with this over sleepless nights, coming to realise how wrong and stupid I've been,' he told the court. 'The damage this has on all concerned, the stigma of misleading others… I should have been much more transparent and owned up to the situation. Hubris and arrogance made me believe I did my best. 'The method by which you could grow tea in Scotland, something I was told you couldn't do… I didn't know the best, I didn't act as I should have. I go to church, I'm perfectly aware that a sin is not only to do something, but also not to do the right thing. 'The shame of that hangs over me every morning every time I wake up in my cell. Central to that guilt I'm responsible for reputational damage of those involved and reputational damage of growing tea in Scotland. 'It was a scheme I received support from the Scottish Government. I solemnly hope my actions have not detracted from the success which can be achieved for people who want to grow tea in Scotland. I can only offer my sincere apologies if my actions have besmirched that capability.' He told the court he had experienced 'suicidal emotions' due to guilt and had been 'too ashamed to explain' to his four children. Robinson claimed he would not reoffend and had learnt from his actions, 'not only from shock of my conviction but truthful acceptance of what I have done'. He added: 'I solemnly would ask that the above is taken into consideration not as an excuse but an acceptance of the serious nature of my actions and inactions, and I throw myself on the mercy of the court for your compassion.' Sheriff O'Mahony said the jury had 'generally rejected' Robinson's evidence, and the charges spanned five years and totalled £552,988. He added: 'By any measure these convictions must be regarded as significant. Mr O'Brien demonstrated significant planning, he was persistent, he repeatedly made false statements. 'These charges are not victimless, witness after witness gave evidence and said they would not have had the transaction if they had known. They were convinced on false pretences to hand over significant sums of money.' Robinson put his head in his hands as the three-and-a-half year sentence was handed down. Helen Nisbet, procurator fiscal for Tayside, Central and Fife, said: 'Individuals, businesses, and genuine Scottish tea growers suffered financial and reputational harm as a consequence of Robinson's deceit. 'But thanks to partnership working between Food Standards Scotland, Police Scotland and the Crown Office and Procurator Fiscal Service, he has been brought to account for his crimes. 'We are committed to tackling financial crime of this kind.' Ron McNaughton, of FSS, said: 'We welcome today's sentencing as a clear signal that food fraud is a serious crime with serious consequences. 'A three-and-a-half year custodial sentence reflects the scale and impact of Mr Robinson's deception. His actions caused real financial and reputational harm to individuals, businesses and a developing sector of genuine Scottish tea producers. 'This outcome is the result of a complex and painstaking investigation involving a dedicated team at FSS and the co-operation of partner agencies and key witnesses. 'It demonstrates that those who set out to mislead consumers and defraud businesses will be held accountable. 'Food fraud undermines consumer trust and damages the integrity of Scotland's globally respected food and drink sector. We remain committed to detecting and disrupting criminal activity of this nature.'
