Conman cashed

policies and

kept the money A CONMAN,who had a pensioner cremated with no intention of paying the undertaker's bill, walked free from court.

Single father of two Brian Fleming, who had been the executor of the late Albert Bolton's will, then pocketed over £1,100 from three insurance policies the 'lonely old man' had paid up for his funeral, Burnley Crown Court heard.

Sentencing Fleming to 150 hours community service with £500 compensation, Judge Edward Slinger said elderly people were very concerned about funeral arrangements which their executors had a duty to carry out. Fleming had breached Mr Bolton's trust.

But, the judge added, he was prepared not to send Fleming to prison, particularly because of his two sons, even though it was against his "first inclinations" about the case.

Fleming, 36, of Harold Avenue, Burnley, admitted obtaining services by deception.

Burnley Crown Court heard that policies were paid out to the deceased's executor on production of a death certificate.

Fleming instructed undertaker John Whittaker to send his £870 bill to a house on Duke Street, Burnley, but the post office told Mr Whittaker the house was boarded up.

United Friendly Insurance then paid out £1,106. After several unsuccessful attempts to get his cash, Mr Whittaker contacted the police.

When interviewed by police, Fleming said he had decided to 'con' the funeral director from the word go.

Robert Crawford, defending, said Mr Bolton had kept Fleming's books when he was a self-employed builder.

Fleming was doing up a house in Burnley, was not paid for the work and used the policies' money to pay for materials.

He thought as long as he paid the money back, everything would be all right.

Fleming was bringing up two sons on his own and his was just the sort of case where community service would be appropriate.

Fleming's two sons would find a custodial sentence difficult to cope with.

Mr Crawford added: "This was a mean thing, not to pay for someone's funeral, but the defendant was a victim of circumstances." WENDY BARLOW

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