A Hawick man who stole more than £5,000 from a frail and disabled relative, who has since died, was ordered to repay the money to executors of the deceased.
Allan Muir contacted the bank, pretending to be his seriously ill father-in-law, obtained a PIN number and made withdrawals totalling £5,120 from cash machines in Hawick and Galashiels between April and June last year.
Fifty-seven-year-old Muir, whose 32-year marriage ended as a result of the offence, was said to have been in financial difficulty at the time.
Muir of Trinity Street, Hawick, admitted contacting the bank, pretending to be his father-in-law, answering security questions to illicitly obtain a PIN number, and using his bank card to make withdrawals between April 13, 2012, and June 17, 2012, and obtaining £5,120 by fraud.
The court heard how, when his father-in-law went into a nursing home, his bank account was checked and a number of unusual withdrawals noted.
Further enquiry showed that someone purporting to be him had called the bank and then made withdrawals using his card.
Defence solicitor Mat Patrick told the court: “He did apologise to him before he died, but has been ostracised by the family.
“He was married to the complainer’s daughter for 32 years, and that came to an end as a result of this matter.
“He was out of work at the time and used the money for weekly expenditure, not to fund any extravagant lifestyle.
“He wants to make amends – at least financially.”
Muir was sentenced to a 12-month community payback order at Selkirk Sheriff Court on Monday.
A condition was attached that he completes 200 hours of unpaid work.
He was also ordered to pay £5,120 compensation to the man’s estate.
Sheriff Kevin Drummond told him: “This represents a serious breach of trust, where you were able to take advantage of your father-in-law, who was seriously ill.”
“It was a mean thing to do,” he added.