Man who stole £228,000 from his sick mother at Bridgnorth nursing home to repay just £10
A man who stole £228,000 from his sick elderly mother to spend on his failed fast-food business must repay just £10, a court has ruled.
David Kettle, 64, had falsely said he was using the money to pay for the care of his 93-year-old mother at a Bridgnorth nursing home.
At a hearing at Shrewsbury Crown Court under the Proceeds of Crime Act yesterday, Kettle's benefit from his criminal actions was said to be £228,575, but that he had no realisable assets.
Having been told Kettle had no means to pay the monies Judge Peter Barrie imposed the £10 nominal confiscation order.
In August last year Kettle, of Crabtree Lane, Bromsgrove, was jailed for a total of five years and nine months.
He had pleaded guilty to stealing £228,575 from Joan Kettle between January, 2015 and July, 2016.
In a basis of plea, Kettle had claimed that his mother had known about the business venture and had approved of the plan to give them a secure future.
However, during a hearing to determine the facts Judge Jonathan Gosling dismissed Kettle's claim.
"It is preposterous that she would have agreed for you to take over her finances after having a failed business venture in the past. There is no mitigation for this," he said.
He said Kettle was the author of a failed business in 2008 and as a result he did not believe his mother would have given him control of her 'purse strings'.
"Your business venture was utterly incompetent. The evidence points to your mother not knowing about this.
"You looked at being the power of attorney but that was the last thing you wanted as you had a poor credit rating," he added.
The court had heard the theft was uncovered after Kettle had agreed to pay the fees at his mother's nursing home in Bridgnorth, but concerns were 'flagged up' over £25,000 of unpaid bills.
Staff were led to believe Kettle was paying the bills, but it was his mother's money and when they asked for a meeting the defendant was evasive, and made excuses why he could not attend.
Mr Timothy Ashmole, prosecuting, said Kettle was planning to remove his mother from care because he had no more money left and at the time the local authority was funding the care.
He said that Mrs Kettle's GP indicated in 2013 said that she showed signs of dementia and was diagnosed with Alzheimers.
Kettle was due arrange power of attorney over her money but he never did.
Mr Ashmole said the care home manager said that by April, 2015 Mrs Kettle would not have had the capacity to sign a cheque.
Bank statements revealed payments to a businessman for a fast food restaurant in Halesowen and that the money all the money had come straight from Mrs Kettle's funds.
The court was told Kettle had a turbulent relationship with his mother but he claimed they had reconciled in 2009 and he looked after her and that she had agreed for power of attorney to be put in place.
Mr Benjamin Williams, for Kettle, said his client had good intentions with the money, and had visited his mother regularly after he looked after her and said it had not been a callous or self-serving offence.