3:25pm Friday 12th March 2010
By Court Reporter
A delivery driver who claimed Council Tax and housing benefits while he was supposed to be too ill to work has been told he won't have to do unpaid work as a punishment.
Mark Davis, 43, of Brookside Road, Watford, filled in a benefits form to Three Rivers District council saying: "cannot work due to back injury" while employed by DHL Express UK Ltd.
Davis and his wife received an overpayment of about £3,000 in benefits they would not have been entitled to if earnings and sums in bank accounts had been declared.
Davis originally pleaded not guilty and elected for trial by judge and jury.
However, he later admitted two charges of failing to notify a change of circumstances between May 2005 and February 2007.
In mitigation the court heard Davis had suffered from recent family problems having dealt with a troubled past.
David Miller, defending said: "Aged 11 his father was sent to prison for a long time, which left him as the man of the house, which put a lot of pressure on him.
"Apart from the bad back, he has suffered from stress and anxiety, one of the symptoms of which is the loosening of his teeth.
"In 2009 he was made bankrupt after his father asked him to sign forms without being aware of what they were.
"They were £45,000 of solicitors costs in relation to his father's business and he was discharged as a bankrupt in January this year."
Davis had begun a new business repairing chips and dents in cars, which was "just about breaking even".
Mr Miller asked Recorder Selvaratnum to impose a conditional discharge, and when told she was thinking of unpaid work, the court was told Davis was "unsuitable".
Mr Miller said: "Stress and anxiety has resulted in incapacity benefits being paid in the past.
"Bearing in mind his personal circumstances, and the fact the claim began legitimately, I wonder if he could be dealt with by way of a conditional discharge."
Davis was assessed by a probation officer this morning (Thursday), who reported, following an "emotional" meeting, that the defendant was unsuitable for carrying out unpaid work.
On that advice, at St Albans Crown Court Recorder Selvaratnum imposed a £500 fine with seven days prison if it is unpaid within a year.
Miss Selvaratnum said: "You pleaded not guilty but changed your plea to guilty, but contrary to submissions advanced I do not feel it appropriate to give you a conditional discharge.
"I have heard from probation, who have concluded it would not be appropriate for you to undertake unpaid work, which would have been the course I would have taken had you been fit to undertake it."
A contribution to costs of £150 was ordered.
© Copyright 2001-2012 Newsquest Media Group
http://www.watfordobserver.co.uk/trade_directory/