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‘The justice system has let the family down’ callous pair escape prison for stealing from frail pensioner Myra Kincaid

‘The justice system has let the family down’  callous pair escape prison for stealing from frail pensioner Myra Kincaid

The victim of a callous breach of trust has hit out at the soft justice that allowed a thieving husband and wife to escape a jail sentence.

Heartbroken pensioner Myra Kincaid said her life had been ruined by Maureen and Martin Ferguson, who raided her bank account as she lay paralysed in hospital.

The couple were entrusted with Mrs Kincaid’s post office account card to pay bills and run errands for her as she fought for her life.

Instead, they repeatedly dipped into her account to steal money, which they then used to “pay off debts and settle household bills”.

The betrayal came as a terrible blow to Mrs Kincaid (68), who said she had treated Mrs Ferguson “like a daughter” since she was just seven years old.

As they escaped imprisonment on Wednesday, Mrs Kincaid and her family expressed disgust at both their actions and the sentences handed down.

Speaking outside Perth Sheriff Court, Mrs Kincaid said the bonds of friendship had been broken and that she believed the couple should have been jailed.

The Fergusons, of Muirmont Crescent, Bridge of Earn, had initially been charged with stealing £7,000 from Mrs Kincaid’s account, but eventually pled guilty to taking £2,500.

Mrs Ferguson (47) was ordered to carry out 240 hours of unpaid work, while her 56-year-old husband who appeared at court in a wheelchair was told he will be fitted with an electronic tag and be confined to his home between 7pm and 7am each day.’They thought I was going to die’Mrs Kincaid’s ordeal began when she was struck down by Guillain-Barre syndrome a nervous system condition which left her unable to move from the neck down in June 2010.

When it became clear her stay in hospital would be lengthy, and with her family based on the west coast, she turned to Maureen Ferguson for help.

It was only when she was finally able to leave Ninewells Hospital in Dundee and return home that her suspicions were raised.

She realised there were a lack of bank statements and was shocked when her bank revealed the amount of money that had been removed during her stay in hospital.

The Fergusons later admitted taking the money from Post Office cash machines at Errol, Bridge of Earn and Perth between June 1 and December 14 2010.

Mrs Kincaid said: “I was in hospital for no more than a day before they first dipped into my account to withdraw money.

“They took it because they thought I was going to die or I was going to be in a home the rest of my life and they would get away with it.

“I have known Maureen since she was seven and her husband ever since they were married and I trusted them.”

Mrs Kincaid said she has been left frightened by the betrayal and the fallout from the break-up of long-held friendships and no longer feels safe in her own home.

She has already moved house and now plans to move to Ayrshire to live with her sister, Anne Reid, and her family.Not ‘real punishment’Nonetheless, she admitted the ordeal would live with her for some time, saying: “This will give me no peace of mind.

“I do not think what has happened to them today is real punishment.”

Anne Reid was also in court yesterday to offer support to Mrs Kincaid and hear the sheriff deliver his verdict to the Fergusons.

She admitted she’d been left angry by the outcome of court proceedings and said: “This is not what we wanted it is not what we were looking for. We firmly believe that they should have been given prison sentences. I feel that the justice system has let the family down.

“This has taken away my sister’s confidence and has left her scared and worried all the time.”

Solicitor Alison Mackay represented Maureen Ferguson in court and told Sheriff Michael Fletcher that her client was “unable to explain how the offence had come to be committed or give any explanation for her behaviour”.

She attempted to persuade the court her client had not gained as a result of the theft, but Mrs Kincaid’s family claimed the Fergusons had spent some of the money stolen on electrical goods and parties.

Sentencing the husband and wife, Sheriff Fletcher said: “This was an act of betrayal that is very difficult to excuse. To have lost such a large sum of money in this way must have left a very bad taste in your victim’s mouth.”

The two accused were each ordered to pay £1,250 compensation within seven days to recompense Mrs Kincaid for the amount stolen.