A DISGRACED former mayor who fraudulently used his elderly father's details and bank account to obtain loans has been ordered to wear an electronic tag for six months.

In May last year a jury found James Gilfillan, a former mayor of Westhoughton, guilty of two counts of fraud, but they were unable to reach verdicts on two other charges of theft of £23,500 and having an article for the use of fraud.

A retrial was listed, due to take place in January this year, but Roger Brown, prosecuting, said they could not proceed as efforts to obtain evidence from Bolton Council had not been successful.

Mr Brown told the court that, in order to prepare a case against Gilfillan for the retrial the prosecution had attempted to obtain witness statements and documents from Bolton Council.

But Mr Brown stressed that it was "an exercise in futility. We were met with any number of difficulties which meant we were unable to get these documents.

"It covered a number of issues, but mainly the assertion made by the defence that his (the defendant's) father was entitled to benefits to the amount he was paying in charges at the care home."

But, following the sentencing, Bolton Council denied it had been unco-operative.

A council spokesman said: "We are not aware of any requests from the Crown Prosecution Service for this information."

Gilfillan was formally found not guilty of the outstanding charges after the prosecution offered no evidence against him.

Yesterday at Bolton Crown Court 56-year-old Gilfillan, now of Dolman Avenue, Pocklington, was given a suspended prison sentence for the two counts of fraud he was convicted of.

Recorder Nicholas Clarke QC told Gilfillan, who had denied all charges: "You sought to deceive a jury. You were unable to pull the wool over their eyes.

"You should be thoroughly ashamed of yourself. As a former mayor you had some standing in the community but you have been exposed as a fraud and a dishonest person."

The jury had heard how Gilfillan, who was mayor of Westhoughton in 2007/8, used his 82-year-old father, also called James', details to obtain thousands of pounds in loans.

Payday lender Wonga, made seven loans between July 2012 and July 2013, which, with interest and charges, amounted to a total of £3,173.48.

Mt Brown said the defendant used some of the cash to buy online video games and repayments were taken out of Mr Gilfillan senior's bank account. As his son, James Gilfillan, was managing his finances he had no knowledge of the arrangement and the defendant did not replace the cash taken from his father's account.

Then, in April 2013, Gilfillan again used his father's bank account and details to obtain a £7,000 loan from Lloyds TSB to pay for his stepdaughter's wedding.

When the fraud was discovered the bank agreed to refund the money which had been taken from the pensioner's account in repayments and interest.

During the trial the jury heard how Gilfillan took control of his father's finances as the widower's health deteriorated and he moved firstly into sheltered housing and then into St Catherine's nursing home in Horwich.

But Gilfillan's brothers became suspicious when their sibling moved to Howden, Goole and refused to allow them access to their father's finances, even though they lived more locally to help their dad, who died in January last year.

Rodney Ferm, defending, described Gilfillan's conviction as "a fall from grace for an otherwise decent man".

He told how, despite the fraud conviction, Gilfillan still acts as treasurer for the Goole and Howden branch of the Royal British Legion and produced character references from the branch's chairman and secretary.

Mr Ferm said Gilfillan had moved from Bolton to the Goole area in order to run a pub, but this had failed and he had separated from his wife, Kathy.

He added that Gilfillan, a former teacher, is now unemployed but volunteers once a week to help older people learn IT skills.

Speaking of Gilfillan's offending, Mr Ferm said: "I accept this was a breach of trust and it wasn't the nicest breach of trust either."

But he stressed that Gilfillan, who has no previous convictions, had also been a a daily visitor and support to his parents.

Mr Ferm appealed to Recorder Clarke not to jail the defendant.

"What is to be gained by sending this man to prison in these circumstances? In the end he'll come out even more disadvantaged in trying to seek work."

Recorder Clarke decided to sentence Gilfillan to 18 months in prison, suspended for 18 months.

"The burden of keeping you in prison would have fallen on honest tax payers," said the recorder.

Instead Gilfillan will be have to wear an electronic ankle bracelet for six months and be subject to an 8pm to 7am curfew.

He will also have to undertake 120 hours unpaid work and pay his late father's estate £3,173 in compensation.

Gilfillan's brothers, Andrew and David Gilfillan were in court to see sentence passed.

Speaking after the hearing, David Gilfillan said: "We still cannot work out why he did it.

"But at the end of the day we didn't want him going to jail because it wouldn't have helped him. I am glad it is over and justice has been served."