Tattooist guilty of cutting off body parts

Brendan McCarthy showed no emotion as he stood in the dock but let out two long howls while being led down the stops to the cells at Wolverhampton Crown Court.

The 50-year-old admitted he had caused harm by cutting off an ear from Ezechiel Lott, removing a nipple from another person and splitting the tongue of a third individual between August 2012 and July 2015 at his Wolverhampton city centre tattoo studio called Dr Evil's Modification Emporium in Princess Alley.

Mr Peter Grieves-Smith, prosecuting, said these offences represented a sample of the work performed by the defendant but conceded that all three customers had approved of the procedure.

Deceived

But Mr Lott - who signed a consent form before his surgery in July 2015 - had recently told a police officer that he felt 'deceived' by McCarthy whom he believed was properly trained and the procedure was legal, the court heard. But he had refused to make a formal statement to that effect.

Experts warned it could trigger moderate or severe hearing loss and would never be performed for aesthetic reasons by a professional plastic surgeon.

Mr Grieves-Smith explained the defendant had performed surgery with profound long term consequences without anaesthetic and continued: "He unlawfully administered drugs and failed to ensure a sterile environment when carrying out procedures for financial gain."

McCarthy was a registered tattooist but had no medical qualifications to carry out these procedures and had no training to make a judgement on the mental health of a customer.

The art of body modification is entirely unregulated, said the prosecutor who concluded: "Anybody can set themselves up as a body modifier."

Investigation

An investigation was launched into McCarthy's work following a complaint made on July 25 2015 about him removing the ear. This led to his arrest on December 1 of that year at which he made no comment.

McCarthy from Morton Road, Bushbury initially denied causing grievous bodily harm with intent because the 'victim's' had wanted the surgery. But Judge Amjad Nawaz ruled consent was not a defence and an appeal against this ruling was dismissed.

Then the defendant admitted all three charges and Mr Andrew Smith QC, defending, argued for a suspended prison sentence because of the exceptional circumstances of the case - the first of it kind.

He stressed that the defendant did not see himself as a 'pioneer' and did not think he had been singled out for prosecution.

Mr Smith maintained: "He caused harm in circumstances which are explicable but not to be excused." McCarthy was no longer 'hands on' at the tattoo studio where somebody else now does the work, the court heard.

Affected

Judge Nawaz said: "I do not find the defendant dangerous. He has been affected by these proceedings in a significant way but the injuries he caused were permanent and irreversible.

"He exposed customers to serious harm on three occasions making this a serious case of its kind. Those who engage in surgical procedures when not qualified must understand they will go into custody."

Councillor Steve Evans, Cabinet Member for City Environment at City of Wolverhampton Council which received the initial complaint, said: "We have exposed a national issue which requires a national regulation to be introduced to protect members of the public against the risks of extreme body modification.

"Providing a service removing and cutting people's body parts without adequate medical training from unsuitable retail premises, presents a risk to the public that we are not prepared to accept.

"Cosmetic surgery requires a high level of legislation and we have asked national government to address these extreme practises that are being increasingly being requested by the public."