A 39-YEAR-OLD Montrose man who stole thousands of pounds from his dying partner’s bank account to fund his drinking and gambling habits, was ordered to undertake 225 hours’ community service at Arbroath Sheriff Court yesterday.

The court heard that, since admitting the offence in May last year, Paul Gibbon has been repaying money to the late Heather Russell’s estate at £500 a month in addition to two lump sums, which have now cleared the debt.

Offshore well service supervisor Gibbon, Traill Terrace, had previously admitted that, between August 14, 2004, and January 8, 2005, at the HBoS branch in Montrose High Street and elsewhere in Scotland, he stole £15,000.

At a previous hearing, the court was told Gibbon unlawfully withdrew cash from Ms Russell’s bank account before and after her death from cancer in 2004.

Ms Russell’s mother, Agnes Skilling, and other family members were in court yesterday.

After the hearing, Mrs Skilling questioned the sheriff’s decision, saying, “Where is the justice? After all he’s done to the family, to get off with community service is disgusting.”

Ms Russell’s sister Louise Skilling was also outraged at the sheriff’s decision.

She said, “He has paid the money back that he stole but we also wanted justice.

“What he did to my sister was unforgivable. He should have been locked up.”

Gibbon spent 13 years in the army, leaving as a colour sergeant in 1997 after Ms Russell’s illness was diagnosed and acted as her carer until her death in August 2004.

A catering manager before being diagnosed with cancer, Ms Russell had won £111,000 playing the lottery in 1996 and intended to leave the money to her son Stephen (22) and 19-year-old daughter Kirsty.

Defence solicitor Nick Markowski said Gibbon, whom he described as “psychologically ill” at the time of the offence, had been repaying the money he stole at an agreed rate in order to fully compensate his late partner’s estate, which had now been done.

He told the court that, although initially Gibbon appeared to be able to handle his partner’s condition, he descended into a depressive illness and turned to drink and gambling for solace.

Sheriff Norrie Stein told the former soldier, “You pled guilty to what was a very serious charge.

“Mr Markowski has said that the court will have been considering a custodial sentence, which it has.

“The court takes into account the fact that all the money stolen has now been repaid and with interest.

“The court also takes into account the fact that, at the time of the offence, you were far from well.

“From the start, it appears that you have felt guilt and shown genuine remorse.

“I also take into account that you and your partner have been subjected to abuse and threats, which I suspect were carried out by people who are not familiar with the background of this sad case.

“You were a man previously of good character and I note without surprise that you are assessed as a low risk of reoffending.

“Against that background, the court considers that a prison sentence would be unjust and would not serve the public interests.”