Yorkshire businessman accused of major fraud ordered to return to UK by judge 'not persuaded' by terminal cancer diagnosis

John Miles Carnell and his wife Jacqueline, 73, are charged with multiple counts of fraud and theft, including cheque forgery, dating from when they lived in the Harrogate and Ripon areas between 2014 and 2018.

They have since moved to Portugal, and earlier this year a warrant was issued for their arrest in the Algarve after Judge Simon Hickey was unconvinced by their excuses for failing to attend York Crown Court.

Due to give their pleas at the same court on Friday, they once again did not show up, and Judge Hickey was told that Mr Carnell had been given a terminal diagnosis of prostate cancer and was unfit to travel.

Judge Hickey criticised the ‘vague’ medical documents he was provided with at the last hearing in May, and today reiterated that he was ‘not persuaded’ by the certificates purporting to be from a Portuguese GP.

The couple’s barrister, Howard Godfrey KC, said that Mr Carnell required further surgery and that his wife needed to remain with him to provide care, but that both were keen to co-operate and attend their trial.

Adding that Mr Carnell appeared ‘plainly unwell’ in video calls with his legal team, Mr Godfrey asked for the arrest warrant to be withdrawn.

However, the Crown Prosecution Service contested this, adding that the medical certificate was ‘inadequate’.

As both Mr and Mrs Carnell deny all charges against them and York is unable to accommodate a projected three-week trial, they will not be in the dock until May 2025, when availability was found at Hull Crown Court.

Refusing to withdraw the warrants, Judge Hickey said: “In the case of Mrs Carnell, there is no reason why she should not attend and no excuse not to appear before the court. In the case of the male, I keep being presented with medical evidence very late in the day. I am not convinced that the reports cover what you say they do. I would be persuaded if they travelled here and he was examined by a police surgeon. I am not prepared to withdraw the warrant, and they can travel to the jurisdiction of the United Kingdom for their arraignment.”