A ”despicable” conman who obtained cash on the pretence of collecting Christmas funds for sick children and pensioners has narrowly avoided jail.
A sheriff told former Angus businessman Stewart Thoirs that it was difficult to find words strong enough to condemn the 27-year-old’s behaviour after he convinced staff in three Brechin shops to hand over £90 for non-existent causes.
Instead, the money was destined for Thoirs’ pocket after he resorted to fraud when his car valeting firm hit the skids.
Thoirs, formerly of Montrose and now living in Marischal Street, Peterhead, appeared for sentence before Sheriff Ian Fleming at Forfar on Thursday, having previously admitted charges of forming a fraudulent scheme to obtain money by inducing women at three shops in Brechin to hand over sums on December 9 last year.
Fiscal depute Nicola Gillespie told the court two of the targeted businesses were small hairdressing salons and the accused was known to the first victim.
”He entered the shop looking for cash or gift donations and showed the owner a sponsor form,” said the fiscal, adding that the accused received £30.
In the second shop, Thoirs said he was collecting money for Christmas presents for sick children and received £20.
”He then went to another shop and said that he was looking for money or gifts for the elderly who did not have family or friends, and was given £40,” added Ms Gillespie.
Other people in the shops became suspicious and contacted the police, who tracked down the accused several days later.
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Thoirs admitted the crimes and said: ”I’m sorry. I’m going through a hard time losing my business and thought that would help out.”
Defence solicitor Keith McKinnon said his client was unemployed but hoping to take over the running of a family pub in the north east community of Mintlaw shortly.
”This occurred at a time when he was in a desperate state,” said the lawyer. ”He had been running a car valeting business in Montrose which was struggling through the winter months and was at an extremely low ebb.
”He resorted to this behaviour, which he is deeply embarrassed about.”
Mr McKinnon continued: ”There are no excuses and he recognises the impact this could have on the public donating to charity when there are schemes like this going around. He is genuinely remorseful of his actions and appears here to face the consequences.
”There is an analogous offence which occurred in 2007 when he was sleeping rough in Dundee but he has not been before the courts since December and is hopeful of undertaking the new business of running the pub in the near future.
”He recognises that he deserves to be punished for actions which were completely underhand.”
Sheriff Fleming told Thoirs: ”This was despicable. Right-minded people would be appalled at the way you behaved. There is no explanation for this and no reasonable excuse.”
The sheriff continued: ”It is difficult to find the words for this behaviour it was appalling. My instinctive view was that I was going to impose a custodial sentence but I will, with hesitation, impose a 12-month community payback order with 180 hours’ unpaid work.”
Thoirs was also ordered to pay £90 compensation.
”Understand loud and clear that if you fail to complete this order, do not come back here expecting a lenient disposal,” the sheriff added. ”As far as I am concerned, this is your first, your last and your only chance.”