A CONMAN who prompted MPs to call for an inquiry was hauled back before the judge he lied to and misled and told: You won't get away with it again.
And Kelvin Clark, who had also lied to his girlfriend about his previous convictions, was told he was lucky he had not been sent to prison.
Last month he was sentenced to 120 hours' community service by Judge David Pirie at Burnley Crown Court as reward for keeping out of trouble for the six months since he admitted handling stolen credit cards, deception and attempted deception while he was physio at Accrington Stanley FC. But Clark, who has a catalogue of previous convictions for theft and deception, failed to mention that he had been before Blackburn magistrates and pleaded guilty to theft the day before the hearing. The case prompted concern from local MPs and police said they were disappointed with what had happened.
The 39-year-old, who is now back living at Rutland Close, Clayton-le-Moors, after his girlfriend found out about his criminal past and slung him out of her home in Holly Street, Blackburn, was called back to Burnley Crown Court yesterday for review of sentence -- and waited all day before being the last defendant to be dealt with.
Judge Pirie said Clark had not "positively misled the court," and he would allow the 120 hour order to run with no further penalty.
He said Clark, who had a very long record for deception, was lucky not to be sent to prison but had simply remained silent when an error crept into the earlier proceedings.
Judge Pirie added that Clark could have had no cause for complaint if he had been sent to prison for about three months.
He said if Clark stood before him in the dock again for breaching the order he would make a point of dealing with the case himself and he would not forget the case. The judge went on: "I trust you have no doubt I will remember these proceedings very well."
Judge Pirie added he wanted the prosecution to note that the magistrates due to sentence Clark for the theft charge next month were not in any way to feel inhibited in the course that they took.
Clark had admitted handling stolen goods, attempted deception and deception, last November.
Judge Pirie had deferred sentence until June 1 to see how Clark progressed on a sports course he claimed he was attending at a college in Leyland, to see if he could stick to it and make progress and to see if he could stay clear of crime.
The case was later put back to await the results of exams Clark claimed he was taking - but it transpired he had never even been on the course. When he was finally due to appear at the Crown Court, he did not turn up and a warrant was issued for his arrest.
Courts have powers to re-sentence a defendant within 28 days of their appearance and Clark was dealt with yesterday on the 28th day -- just six and a half hours before the midnight deadline as his case was the last in the day to be dealt with.
Simon Newell, defending, said Clark had been arrested in May over the theft allegation, was spoken to by police but was released and not charged.
He was re-arrested on July 18 at the house where he was with his co-habitee and was taken to the police station.
He admitted the offence because he thought the house would be searched and his girlfriend would be involved, he said.
Mr Newell said Clark had misled the court by silence, rather than by any positive assertions.
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