A GLASGOW man spent his uncle's funeral savings while he was in hospital.
Patrick Butterly gave his bank card to his 26-year-old nephew when he was admitted to the facility. He told him it was for necessities.
Between May 2 and July 30, 2022, Kieran Butterly spent around £6,000 on online betting sites and food delivery services.
The Partick resident appeared in the dock at Glasgow Sheriff Court last week after he pleaded guilty to pretending that he was authorised to use the card and obtaining services by fraud.
The court heard that Patrick Butterly saved the money for his funeral costs.
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Sheriff Vincent Lunny summarised the case: "He got access to his uncle’s bank card and used it."
The procurator fiscal elaborated: "The money spent was in the value of £6,000.
"He [the uncle] was in hospital. He allowed him to use the card for essentials.
"Mr [Patrick] Butterly called his bank and realised there was only £2.48 left.
"He was aware of £4,700 being in the account as well as a pension payment of £1,200, which meant he would have had around £6,000 on the card.
"He saved the money to pay for his funeral. He is in hospice care."
The sheriff said: "So, it’s a breach of trust."
The solicitor explained: "He was gambling and drinking, that was his problem.
"He has since tried to address both of these issues. He is working as a waiter in the city centre, making four figures."
The sheriff said he would order Kieran Butterly to repay his uncle, regardless of how long it would take. He added: "If it takes years, it will take years.
"This was a calculated offence over a number of months.
"A breach of trust of an uncle who was clearly unwell at the time. You will pay that back, that is restitution."
Kieran Butterly was ordered to pay a £6000 compensation to his uncle. He was sentenced to 32 months of supervision.
He will also do 162 hours of unpaid work.
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