MPS today demanded an inquiry into how a serial fraudster avoided a prison sentence because of good behaviour -- the day after he appeared in court for theft.
Kelvin Clark, who has more than 70 previous convictions for fraud and theft, was given six months to change his ways after admitting trying to use a credit card stolen from the Accrington Stanley changing room while he worked as club physio.
And when he reappeared before Judge David Pirie at Burnley Crown Court on Friday, Clark, who lived in Rutland Close, Clayton-le-Moors, at the time of his arrest, was given 120 hours community service as a reward for keeping himself out of trouble.
But what Clark, who is 39 on Thursday, failed to mention was that the previous day he had appeared before Blackburn magistrates -- giving an address in Holly Street, Blackburn, and being represented by a different firm of solicitors -- and admitted stealing a £200 drill from a house while working for a local electrical firm.
The case was adjourned until August 13 for pre-sentence reports.
John Dewhurst, who represented Clark as the court's duty solicitor, said Clark never told him about his appearance at Burnley Crown Court the day after.
He said: "It is up to the Crown Prosecution Service to present the facts in the case and among those are Kelvin Clark's criminal record. But it was clearly not updated and I was unaware of any crown court appearance and there was no mention of a deferred sentence."
A spokesman for Lancashire Police, who forwarded details of both cases to the Crown Prosecution Service, said: "Of course this is disappointing.
"A number of resources have been taken up bringing this man to court only to have a sentence which is not adequate."
Susan Riley, the Crown Prosecution Service's lawyer in charge of crown court, today said the case was being "reviewed."
The Attorney General said the case was "unusual" but it was a matter for the local police, courts and CPS to resolve.
Clark admitted he had not told the judge of his other court appearance when approached by the Lancashire Evening Telegraph.
When asked at his Blackburn home why he did not tell the judge he answered: "Because of what your newspaper printed the last time."
Hyndburn MP Greg Pope said: "It seems wrong that he should escape a prison sentence because a mistake has been made. That looks like he is escaping justice. I am not happy about that.
"I can see that it can be difficult to co-ordinate records of court with another at such short notice if he gave a completely different address.
And Blackburn MP Jack Straw -- the former Home Secretary -- added: "I will do what I can to ensure there will be no repeat."
Judge David Pirie deferred the sentencing of Kelvin Clark when he appeared at Burnley Crown Court last December telling him that if he kept out of trouble he may avoid a prison sentence.
He added that if reports were not favourable and Clark had offended again, the consequences to him would be obvious.
Clark had stolen a credit card from the changing rooms at Accrington Stanley last April, when he was the club's physiotherapist. He wasn't sacked from his job until the following December following his first court appearance after not telling the club.
The judge's decision not to send him to prison came despite the fact Clark had lied to him about studying for a sports qualification -- a course he had never even been on.
But the day before Blackburn magistrates were told he was charged on July 17 with an offence of theft committed on May 14. The court was told he lived in Holly Street with his partner, a child minder, and their two children aged 10 and 13.
Blackburn magistrates were told that he had 49 previous convictions for fraud and similar offences and 22 previous convictions for theft.
Burnley Crown Court was told that he had appeared before the court 13 times for a substantial number of dishonesty offences. Both courts were told that he was sent to jail for 18 months in January 1999.
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