A DRUG addict who stole £4,250 from an OAP who took him in has escaped a jail term — after the victim made a courtroom plea for mercy.

Michael Swales, 41, was struggling with heroin and cocaine problems when offered lodgings by Trevor Barker, Burnley Crown Court heard. Swales repaid him by rifling a funeral fund which Mr Barker, then 72, had kept hidden between two mattresses at his home in Halifax Road, Brierfield.

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Mr Barker attended court to appeal for leniency for the addict, who is the son of family friends, even offering him accommodation again if he escaped a prison sentence. Judge Jonathan Gibson imposed a jail term of eight months, suspended for two years, after Swales, of Church Meadows, Colne, admitted theft.

After the theft, Mr Barker told police: “This has made me feel ill, sick to my stomach. I could break down and cry. Michael knows he can talk to me but he has stolen from me instead. This is a massive breach of trust. I have barely slept since I found out about this.”

Prosecutor David Clarke said Swales’ parents had appealed to Mr Barker to give Michael a home because his brother Stephen was abusing drugs and they wanted to distance him from unwanted influences.

Swales had known about the money as Mr Barker had taken him into his confidence, telling him he had put aside around £6,000 to pay the Co-operative for his funeral expenses.

After around nine months Swales moved out but Mr Barker was concerned about him and felt he needed hospital treatment, the court heard. Swales left and took his mobile phone with him. But he returned days later, claiming he had lost it and that he needed to go upstairs to look for it.

Mr Clarke said he took the opportunity to visit Mr Barker’s bedroom and reached between the mattresses to retrieve a satchel containing the money. He took £4,250 and replaced it afterwards.

The court heard Mr Barker tried to reach the bedroom but he needed to use a stairlift to get upstairs and was too late.

Arrested and interviewed later, Swales confessed to the theft and told police he had spent £200 settling a drugs debt and spent more of the money on drugs.

Mr Clarke said he had spoken with Mr Barker before the hearing and the victim had offered to provide an address for Swales if the defendant avoided custody.

For Swales, Philip Holden said: “The defendant is probably fortunate that the victim has come along and made the very fair comments that he has.”

Ordering Swales to pay £4,250 compensation, the judge said: “You should repay this money. I will make an order for the whole amount.”