A fraudster who filed a fake affidavit with the court in a bid to get name suppression has narrowly dodged a jail term.
Shane Richard Scott, 58, admitted two charges of obtaining more than $125,000 by deception in November and his sentencing was deferred for a year to allow him to pay the money back.
Three months later, he was due to appear in Auckland District Court for a name suppression hearing but could not attend due to medical issues.
In support of his application Scott had filed an affidavit saying he was employed by On Target Drilling and that he worked with 50 to 60 clients.
If his name was published it might damage the reputation of the company, the documents said.
But when prosecutors enquired with the small Henderson business, they said Scott had never worked for them.
He was later charged with perverting the course of justice, which ordinarily resulted in a term of imprisonment, according to Judge Kevin Glubb.
"The courts' processes are to be held sacrosanct," he said.
"Candour and honesty are key in the court's dealings with everyone; that includes defendants. You dropped the ball."
Since being on bail, Scott had repaid nearly $50,000 of the stolen funds and continued to make payments of $2500 a month.
His lawyer Mina Wharepouri said if his client was sentenced to home detention rather than prison, he could continue to earn money and repay his debt.
Judge Glubb agreed, by a narrow margin.
"It's that and that alone that sways the balance in your favour today," he said.
"I came here fully intending to send you to jail."
Scott will be back before the court on the deferred fraud matters in November. He will spend the next eight months on home detention at his Albany property.