A 63-YEAR-OLD watch and clock repairer is accused of fraudulently claiming benefits after taking on paid work while still receiving income support.
Andrzej Remigiusz Berkolec started claiming the benefits at the start of the Covid-19 pandemic when shops were forced to close.
He denies one count of failing to notify a change of circumstances to the Social Security Department between April 2020 and June 2022.
Opening the three-day Jurat trial yesterday, Crown Advocate Mark Boothman, prosecuting, described how Mr Berkolec lost work at the start of lockdown, but later took on paid work for jewellers TJ Hutchings. This was only discovered when he was investigated, the advocate added.
Advocate Boothman said Mr Berkolec was reminded “on a number of occasions” that he had 14 days to inform the department if his circumstances changed.
Mr Berkolec received forms and letters reminding him of this, the court heard.
Advocate Boothman said that, during this time, Mr Berkolec had actually been paid a total of £16,400 plus a £2,235 advance for work to be completed, and had been overpaid income support.
Advocate Boothman said that there was no dispute that Mr Berkolec received income support, that he had received an income and that he had failed to notify the department.
The court now needed to decide whether Mr Berkolec knew or suspected that the change would affect how much income support he received.
He added that in interview, Mr Berkolec said he didn’t believe he “could get caught”.
“The words ‘get caught’ being of particular interest – they suggest that he knew that he was doing something wrong.”
He added: “This is not a crime without a victim. As the court has said, it is the people of Jersey that are the victims of this crime.”
The court heard from Jayne Hutchings, the wife of TJ Hutchings’ owner, who said that she had not had much contact with Mr Berkolec, but that she was aware he had been working from his home during the pandemic.
The shop would collect watches and clocks for repair and Mr Berkolec would collect them and repair them at his home, she said.
She said that he had been paid £4,504 in 2020, £7,865 in 2021, and £4,031 in 2022 – but she stressed that he was self-employed, not an employee of TJ Hutchings.
She added that the shop had advanced some money as Mr Berkolec needed to order expensive parts for some repairs.
Advocate Nicholas Mière, defending, pointed out that the forms and letters Mr Berkolec received were all in English, which the defendant had limited capability in.
An interpreter was used in court.
Christian Butler, who investigated the case, said: “As far as I am aware, he hasn’t asked for any assistance on the letters.”
Commissioner Alan Binnington is presiding along with Jurats Elizabeth Dulake and Michael Entwistle.
