A BOLTON man who threatened to burn down the house of his lonely hearts advert lover -- who he believed had tricked him out of money -- has been set free by Appeal Court judges.

Alan Lees, of Bryn Walk, Halliwell, pleaded guilty at Bolton Crown Court on April 5 to threatening to destroy or damage property and was given a two-year jail term.

But three Appeal Court judges ruled that 42-year-old Lees should be released on probation for two years because his "stunt" was a cry for help from a man with an inadequate personality.

Mr Justice Rougier, who heard the case with Lord Justice Waller and Mr Justice Stanley Burton, said: "The sentence by itself is not open to criticism, but Lees has served a substantial period of it and it has had its proper affect.

"It would be more constructive to substitute it with something that will minimise the chances of further compulsive criminal conduct." Mr Justice Rougier said Lees's lover told him her eight-year-old daughter was in danger of being taken to Malaysia by her ex-husband, who she claimed belonged to a paedophile ring, unless she gave him money.

The judge said that although he had not heard the woman's side of the story, there was enough evidence to suggest Lees "genuinely believed" he had been deceived into giving her cash.

Lees had phoned the woman who told him their relationship was over. At that point he said he would fire bomb her house. She was not "overly perturbed" until she heard Lees's voice outside and at that point she phoned the police.

But Mr Justice Rougier said police were already on the scene because Lees, who was of previous good character, had rung them from a phone box and told them what he was going to do.

When officers arrived at the phone box, Lees was still on the line but he ran off when they tried to arrest him, shouting: "See her get what she deserves." The police caught Lees and found a carving knife, two concrete blocks, three lighters and "unidentified clear liquid" in a bag.

The Appeal Court judges directed that Lees, as a condition of his release, should undertake a "management plan" designed to control his personality disorder. He was also ordered to stay away from his former lover.