Mother on trial over benefits fraud tells court 'I am not a criminal'

Linda Davis is standing trial accused of making claims for working tax credit, housing and council tax benefit and income support she was not entitled to between 2008 and 2014.

Prosecutors say the 44-year-old, of Bainbridge Green, Harlescott Grange, Shrewsbury, committed fraud because she failed to declare she had been living with Stuart Birrell "as man and wife". The claims were made on the basis she was a single parent, Shrewsbury Crown Court was told.

But giving evidence at court yesterday, Miss Davis insisted she had told the truth – despite revealing she got married to Mr Birrel in September last year. The total amount claimed has not been revealed.

The defendant told the jury Mr Birrel left the family home in 2008.

Her solicitor Tim Ashmore asked her: "Why did the relationship fall apart?" "He had an affair with a work colleague, and his gambling," Miss Davis replied. "He would spend every penny. His mother bailed us out a few times.

"If I went away to see my family I would come back and he would have sold the fridge, or the freezer, or the telly, anything he could for his gambling."

Miss Davis told the jury Mr Birrel would often be at the family home – but only to look after the children while she visited family in Lincolnshire.

"Sometimes he would come every week, it would depend. Some times it was pre-arranged, some times he would just turn up.

"I am not a criminal.

"He was there when he wanted to be. I didn't realise it was wrong for the father of my children to come round and see them."

Under cross-examination, prosecuting counsel Marc Davies said: "In 2010 you had a baby with Mr Birrel because you were in a relationship with him, it was still going on wasn't it?

"No," she replied.

"People have children when they are not together."

Mr Davies went on: "Would it be fair to say finances were tight between 2008 and 2014?"

"Yes, for me," Miss Davis said.

The prosecutor said: "And that because of that, you gave false information to the DWP, the benefits people, so you could get money and make the finances slightly less difficult?

She replied: "No."

Davis denies failing to disclose she was living with Mr Birrel while claiming income support between April 2008 and November 2012.

She also denies being concerned in fraudulent activity between April 2009 and July 2014 to claim tax credits, as well as two further charges of fraud from 2012.

The trial continues.