THE two funeral directors at the centre of the "baby's coffin" court case are appealing against their sentence.

Bungling funeral directors Mark Eshelby and Graeme Skidmore, who worked for Co-operative Funeral Services, in Cromwell Road, York, were given suspended jail terms in June last year after they buried a baby's coffin empty.

They admitted burying the coffin of baby Benjamin Judson, of Holgate, York, empty and then cremating his body alongside that of 85-year-old Evelyn Sayner, of Heworth, York, in a bid to cover up their error.

The Judsons, of Holgate, York, spent eight years unknowingly visiting an empty grave following the death of Benjamin, who was only 20 minutes old, in 1998.

On June 13 last year, Skidmore and Eshelby were each given an 18-month prison sentence, suspended for two years and told to pay a £5,000 fine each.

Now the pair have taken their case to appeal, which will be heard at the Royal Courts of Justice in London next Thursday.

Solicitor Jonathan Mortimer, of Langleys, who is acting on behalf of both victims' families, said they did not want to comment further on the case.

Mr Eshelby has also said he will not comment until after the hearing next week.

In September last year, The Press reported that the two families finally received a long-awaited apology from the Co-operative Group - almost nine years after the two bodies were cremated together in the same coffin.

The apology came more than seven months after both families were alerted to the fact that Benjamin's coffin was buried empty and he was cremated alongside 85-year-old Mrs Sayner.

A statement issued by Langleys solicitors, on behalf of the Judson family and the Co-op, at the time said: "David and Paula Judson and representatives of the Co-operative Group, the owners and operators of the Cromwell Road York funeral home, have met and reached an understanding as to the circumstances surrounding the tragic events of December 1998.

"The Co-op unreservedly apologised to Mr and Mrs Judson for the distress and upset they have suffered as a result of the conduct of certain employees at that time.

"Mr and Mrs Judson have been assured that the Co-operative Group, which now operates the home, has strict procedures in place in all its funeral homes to prevent such incidents.

"The parties now wish to draw a line under the tragic events and have no further comment to make."

The same statement was released on behalf of Shane and Caroline Sayner, the grandchildren of Evelyn Sayner.

The apology came after both families had threatened to sue the company for damages.