THE director of a media company missed a vital appointment with the probation service because he doesn’t own a phone – a Judge has been told.
Peter Etherington was due to be sentenced for running a company while being banned from doing so on Wednesday.
Etherington, 69, of Belle Vue, Ilkley, admitted that he acted as a director of PP Global Media Ltd while serving a ban from the Insolvency Service at a court appearance in March. The case was adjourned to allow the probation service to carry out a pre-sentence review.
This review would look at Etherington’s health, means and background – issues that might affect what sentence is handed to the businessman.
But at Wednesday’s sentencing hearing, the court was told that Etherington had failed to attend the March appointment with the probation service for a meeting that would be the basis for this report.
Judge Richard Gioserano asked why the defendant had not contacted the probation service ahead of the sentencing.
Mr Walker, defending, told the court that Etherington does not own a phone. He also claimed he never received letters he was sent by the probation service.
He went on to tell the court that Etherington has multiple physical and mental health issues. He was awaiting an MRI scan to check for cancer and also had issues with diabetes.
Mr Walker said:
“He has had a very rough time of it.”
Judge Gioserano said:
He must have realised weeks ago that no-one from probation had been in touch. I can’t for the life of me understand why he didn’t get in touch with someone.”
Mr Walker said:
“He isn’t thinking as straight as he would if he didn’t have these health problems.”
Referring to the pre-sentence report, and the seriousness of Etherington’s crime, Judge Gioserano said:
“No matter how good the report is, it is not likely to save him.”
Mr Walker replied:
“He has been given realistic advice.”
Addressing the defendant, Judge Gioserano questioned why he had not been in touch with the probation service – pointing out that he had been sent a letter. Etherington said he hasn't.
Judge Gioserano replied:
“You’re not disputing that someone sent a letter are you? I don’t understand why, as the weeks and months went by, you didn’t do anything. Why didn’t you get in touch with your solicitor?”
Etherington replied:
“My focus was on today.”
Judge Gioserano said:
“Did you forget you were supposed to have a probation report?”
Etherington said:
“Yes, if I’m being honest.”
Adjourning the case until August 5, Judge Gioserano told Etherington:
“I won’t say what I think about all this. It is probably best I don’t.”
He told the defence that if they planned to refer to any medical issues, they would need to provide some evidence, adding:
“I don’t expect any judge to nod their head and say ‘yes, I accept that, that’s fine.’ Any judge is likely to be reluctant to just accept what you have to say.”
He told a probation officer in court to physically hand Etherington a piece of paper with the date of his appointment on it so there could be no question as to whether he had received the information.
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