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Home Folkestone News Article
When insurance bosses asked Michael Malynn where his mother was he answered truthfully: "No longer at this address".
Aviva was reviewing Mary Malynn's occupational pension, which was paid into her bank account every month.
But what the lying 48-year-old didn't tell the insurance giant was that she was "no longer at this address"...because she had died....eight years earlier.
Crispian Cartwright told Canterbury Crown Court that Malynn, who sat in a wheelchair throughout the 15-minute hearing, had failed to notify the provider of the pension of her death in 2001.
Malynn, of Cheriton Road, Folkestone was given a four-month jail sentence suspended for two years after admitting the theft of nearly £10,000.
Mr Cartwright added: "He had continued to draw her pension, transferring the money into his account and that continued for a considerable period.
"Matters came to light when Aviva sent out a letter enquiring whether or not she was still at that address.
"He responded saying she was no longer at this address - concealing the fact of her demise."
The prosecutor said Malynn carried on collecting the £88 a month pension until he was found out in 2009.
"He was later interviewed by police and continued to deny that he had committed any offence.
"Although he did vouchsafe the fact that only he had access to his mother's account and although he wasn't, at that stage prepared to admit what he had done. In fact, it had to have been him.
"He also told officers that he had a long-standing problem with drink - which he said he shared with his mother during her final few years", he added.
Oliver Kirk, defending, said Malynn was in a wheelchair because he suffers from Behcet's Syndrome- a rare condition from which there was no cure.
"This offending has its genesis in the death of his mother because he was her carer.
"This is a very serious offence because it is a breach of trust. Insurances can only work on the basis of what they are told so it is essential that people tell them the truth" - Judge Van Der Bijl
"At the time he was in a relationship and was about to marry but on the day of his mother's funeral his fiancée died too."
Mr Kirk said Malynn felt that as he had cared for his mother he was "entitled" to the money.
Judge Nigel Van Der Bijl gave him a four-month jail sentence suspended for two years and ordered him to remain at home under partial house arrest for four months between 7pm and 7am.
He told him: "This is a very serious offence because it is a breach of trust.
"Insurances can only work on the basis of what they are told so it is essential that people tell them the truth."
Malynn now faces a financial investigation into his assets as the authorities seek to claw back the stolen cash.
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