Judge slams ‘insult to disabled people’
AJUDGE has accused the probation service of insulting people with disabilities after they said an accountant with MS was unable to carry out community service.
In a strongly-worded attack, Judge Clement Goldstone QC said ‘wheelchair users are not second class citizens’.
Pierre Courtney, 55, had been found guilty of a £42,000 benefit fraud but a probation report said his physical condition meant he could not do community work.
Judge Goldstone disagreed, saying Courtney, from Macclesfield, was as ‘bright as a button’. He added: “It is an insult to many people with multiple sclerosis whose brain power is unimpaired to say because of their disability they are not fit for unpaid work. I want this man to do unpaid work and I don’t accept that suitable work cannot be found.”
Goldstone demanded probation officers make further inquiries and sentenced Courtney to 12 months’ imprisonment, suspended for two years, and ordered him to carry out 180 hours of unpaid work.
Judge Goldstone told Courtney: “I believe there are very few people in this world who are incapable of unpaid work as a means of repaying the debt they owe to society. It is very important that you and people who suffer from Multiple Sclerosis are allowed to have their selfesteem fully valued and appreciated.”
Courtney, who appeared in court in a wheelchair, pleaded guilty to making a false statement to obtain benefit and failing to declare a change in circumstances involving a total of £42,307.
Matters came to an end when Courtney, of Salters Lane, Macclesfield, decided to stop working because of ill health in 2015, Liverpool Crown Court heard. Most of the dishonestly obtained money, in excess of £30,000, came from the employment support allowance.
Kay Driver, defending, said: “Before 1994 he was working full time as an auditor and living with his wife and two children whom he was supporting. In 1995 he was diagnosed with multiple sclerosis.
“He has a relapsing form of the illness and sometimes was fit for work and sometimes not and debts accrued. He had to leave work in 2010 due to his ill health and had significant debts. His marriage ended at that point and he had to sell the matrimonial home in which there was no equity.”
He began working for himself in 2011 and did not tell the DWP as it had taken so long to get benefits and he thought the job was only temporary, the hearing was told. He intended to tell them after it finished but the job continued.
Courtney is remorseful and ashamed and has been affected by the loss of his good name, said Miss Driver. She told the court that he has now been diagnosed with prostate cancer.
The judge warned Courtney that if he reoffends or breaches the order he will go to jail.
A Probation Service spokesperson said: “Community Payback provides opportunity for offenders to do work for the benefit of the communities impacted by their crime.
“We expect our providers to have in place a broad range of CP projects to allow offenders with different needs to take part.
“We are working with Cheshire Greater Manchester CRC to ensure suitable provision is in place.”