Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Read more

The former chief executive of Southern Water has been charged over alleged efforts to manipulate water quality tests to avoid millions of pounds in penalties.

Matthew Wright has been accused alongside three others of conspiring to defraud the Environment Agency (EA) and water regulator Ofwat by manipulating the self-monitoring regime at water treatment works to avoid failing environmental checks.

The move could have avoided fines of £45 million or higher, according to the allegations.

Wright, as well as Philip Barker, Clive Massey and Mark Gregory, who also worked at the company, have been charged with conspiring to “defraud persons performing public duties in respect of environmental and financial regulation” of Southern Water, including the EA and Ofwat.

If convicted, they could face up to 10 years in prison.

Waste water treatment works can only be run with an environmental permit issued by the EA but since 2009 treated effluent from facilities has been tested to ensure it complies with the rules under an “operator self-monitoring” scheme.

Tests by water companies are carried out in unannounced visits by teams which operate separately from teams that operate the works.

Results are shared with the EA and Ofwat, with penalties if they do not meet the terms of the permit.

But if the discharge flow at the time of the test is insufficient to take a sample – known as a “no-flow event” – it is not recorded as a fail.

Wright, 61, of Haslemere, Surrey, Barker, 58, of Chiltington, West Sussex, 65-year-old Massey, of Brandhill, Shropshire, and 64-year-old Gregory, of Southampton, are accused of conspiring to implement artificial no-flow events at waste water treatment works between 2012 and 2017.

A summons was issued last year but a legal challenge over the move was launched by Wright, who joined Southern Water from United Utilities in 2011 and left in December 2016, going on to be managing director of Orsted and then hold senior roles at other energy companies.

His lawyers told the High Court in June that the EA did not have the power to issue the summons and that it should be thrown out as a “nullity”.

On Wednesday, two senior judges dismissed Wright’s claim and ruled that restrictions previously preventing reporting of the legal challenge should be lifted.

Lord Justice Popplewell, sitting with Mr Justice Hilliard, said the charge against Wright involves “very serious allegations of criminal misconduct”.

He said: “What is alleged … involves carefully planned and extensive fraud and dishonesty at a high level within the company and on a large scale, including, for example, arranging for wastewater to be removed from facilities by tankers in order to create no-flow results, with a view to covering up pollution and deceiving those whose function is to protect the public from such harm.

“The EA says that by the company’s own assessment, it avoided penalties of the order of £45 million, and on the EA’s assessment the figure is higher.”

Stephen Shergold, Wright’s solicitor, said following the ruling: “Mr Wright denies all wrongdoing and has co-operated fully with the Environment Agency’s investigation.”

Southern Water has separately been charged with dozens of offences of failing to comply with or contravening an environmental permit condition between 2013 and 2017 at multiple waste water treatment works.

Three further individuals will also face charges linked to failure to comply with environmental permits, the EA said.

Four people have been accused of defrauding the Environment Agency (Yui Mok/PA) (PA Archive)

Following the judgment, an EA spokesperson said: “We can confirm that we are taking criminal proceedings against Southern Water Services Limited and a number of former employees.

“We take our responsibility to protect the environment very seriously and will always pursue and prosecute those alleged to have committed serious offending against the environment.”

The case will now proceed at Medway Magistrates’ Court.

Environment Secretary Angela Eagle said: “Anyone found guilty of this crime will face the full force of the law.

“This government will always back tough enforcement action to protect our rivers, lakes and seas.

“We have already committed to ending the practice of operator self-monitoring to ensure this cannot happen again in the future.”

Rules around operator self-monitoring have been tightened in the past year, including that samples must be rescheduled in the event that the flow is insufficient, which was not formerly the case, and the EA is this year beginning to take its own samples to cross check with water company tests.