Family fury over court blunders that freed £50k thief
A THIEF who stole a pensioner’s £50,000 life savings was finally behind bars yesterday – five years after the offence.
But the victim’s family were last night furious after prosecution blunders saw the maximum possible sentence cut to only one year.
Donnie Potts, 26, ransacked the home of Robert Lang, 81, and stole a holdall containing money he had saved through his family builders business.
Mr Lang, of New Stevenston, Lanarkshire, was horrified when he found his patio doors had been forced open and the bag stolen in April 2013.
Potts, of Paisley, Renfrewshire, later deposited £14,500 in his bank account – but the alarm was raised when staff noticed some notes were no longer in circulation.
Police discovered a crowbar left in Mr Lang’s home had Potts’ DNA on it and he was arrested. He appeared on indictment charged with theft – but a series of blunders by prosecutors resulted in the initial case collapsing.
Potts’ legal team had the case thrown out following repeated Crown requests to extend the time limit and delay a trial.
Now, after an unsuccessful bid to have appeal judges dismiss the case, Potts has appeared at Hamilton Sheriff Court and admitted stealing £50,000.
But he faces only a maximum of a year in jail after pleading on a summary charge rather than on indictment, which carries a fiveyear sentence.
Mr Lang’s family have blasted prosecutors and labelled the affair ‘a shambles’. His son William, 53, said: ‘It has taken five years to get to this point and the blunders on the prosecution side was a disgrace. If they had done their job properly in the first place, he would have been put on trial and could have been jailed for five years.
‘Now because of the mistakes he can only get one year and to us that is just a token gesture. It’s not good enough for what he did. The whole thing has been a shambles from start to finish.’
Depute fiscal Vishnu Kathuria told how Mr Lang had been targeted by Potts.
He said: ‘His family have a business in the local area and throughout his working life he acquired a large sum of money, notes which he kept in a bag under a bed. The room was secure and he was of the view that the bag contained £50,000 and was comprised of notes outwith circulation.
‘On the day in question, he locked and secured the property and observed some males at a van.
‘One of the males looked similar to the accused but it is not known whether the males have any direct involvement with the accused.
‘Three hours later, another witness attended at the property and discovered there were patio doors insecure and when the homeowner returned, he noticed the door had been forced and the bag containing the large sum stolen.
‘A crowbar, a foreign item, had been left on the couch of the living room and an examination led to the finding of DNA that matched the accused’s DNA.
‘Over the course of the following months, the accused deposited £14,500 into his bank
‘The prosecution was a disgrace’
account through a number of separate transactions.
‘But what was noted was that notes transferred were notes that were largely out of circulation.
‘He was traced in July 2013, where he gave a no comment interview. He then appeared in court thereafter but there are two High Court rulings which tell why the case has taken so long.’
Tony Callahan, defending, said: ‘My client accepts that a custodial sentence will follow.
‘This originally proceeded on indictment and there were previous applications by the Crown for moving the time bar, which were appealed by the defence and it nearly reached the Supreme Court. This was a case which, depending on appeal, was never going to trial and the Crown have been aware of this.’
Sheriff Marie Smart deferred sentence for reports and remanded Potts in custody.