A MAN who escaped a jail sentence following a prosecution mix-up has walked free from court again.

Kelvin Clark was told by a judge at Burnley Crown Court that he was not going to prison because he had kept out of trouble for the period of a deferred sentence.

But only the day before Clark had pleaded guilty at Blackburn magistrates to an offence of theft.

Neither court was made aware of the other proceedings and it was only when the Lancashire Evening Telegraph "put two and two together" that the mixup came to light, Blackburn Magistrates were told.

Clark, 39, of Rutland Close, Clayton-le-Moors, pleaded guilty at Blackburn magistrates to stealing a power drill and attachments worth £200.

He was made subject to a community rehabilitation order for 12 months and ordered to pay £200 compensation.

Clark had originally pleaded guilty to the theft on July 19 when the case was adjourned for the preparation of pre-sentence reports.

The court was told about the deferred sentence pending at Burnley Crown Court where Clark appeared the following day.

Judge Pirrie imposed a community punishment order after being told that Clark had not committed any recent offences.

John Dewhurst, defending, said that after the situation had been highlighted by the Lancashire Evening Telegraph Clark had been summoned to appear back before Judge Pirrie.

Mr Dewhurst said the offence had cost Clark his employment with Best Electrical in Blackburn and publicity surrounding it had led to Clark's partner ending the relationship and ordering him out of her home.

He said Clark is an intelligent man who has a record going back to 1983, which includes several periods of imprisonment, mainly for offences concerning the failure of several businesses and passing cheques that bounced.

He said Clark is now unemployed and claiming benefit although he makes a little extra money coaching a local football team.