The judge who jailed a former bus driver for more than five years after he defrauded an elderly couple and forged their wills said he had “milked” one of his victim’s bank accounts for his own gain.
Sentencing former Falmouth bus driver Percival John Harris to five and a half years in prison for fraud and perverting the course of justice today at Truro Crown Court today (September 12), Judge Robert Linford said the verdict reflected Harris’s dishonest involvement in the financial affairs of people who had been his friends.
Pervical Harris, aged 59, was sentenced for two counts of fraud, two counts of forgery and one count of conspiracy to pervert the course of justice.
Harris, of Summerheath, Mabe Burnthouse, pleaded not guilty to the offences but was found guilty to five counts in July 2024 by a jury following trial.
The court had heard that the victims Desmond and Elizabeth Moyle from Falmouth had created wills in 2015 through a solicitor, naming Harris as one of the executors and leaving a small portion of their estate to him along with other family members.
Following their deaths in 2017 and 2018, the family became aware of some discrepancies in the wills provided and noted that the dates didn’t match so they contacted police to report their concerns.
Through the police investigation, Detectives were able to establish that Harris had himself created amended wills for the victims in 2016, leaving the majority of their estates to himself.
He had also paid two vulnerable local men to witness the new documents, paying them a small amount of cash.
Police received a report from the family in late 2018, who were concerned about not being able to get hold of Harris to deal with the estate, which was when his actions began to come to light.
It was found that he had also milked Kathleen’s bank account to the tune of £265,000 after being granted power of attorney.
Judge Linford said he accepted that those responsible for the care of Elizabeth Moyle, and to some extent Desmond Moyle, said that Harris was a good friend to Elizabeth and would take Desmond to the Falmouth care home where she lived to visit her regularly.
“You were by some very considerable margin the person that the staff saw most visiting Elizabeth bringing Desmond to see Elizabeth,” he said.
He said he was sure they wanted to repay his kindness by including him in their wills.
But he said Harris was not happy with that arrangement and saw and took the opportunity to take far more than they wanted him to have after being given power of attorney over Kathleen’s bank accounts.
“Rather than safeguard her interests you milked her bank account of £30,000 worth of cash and transfers totalling 235,000 odd thousand were made for your advantage,” said Judge Linford.
He said after their deaths, forged signatures were placed on their wills by Harris which were also forged.
“You got two Big Issue sellers to witness them and then when all this started to unravel you persuaded the same two Big Issue Sellers to swear false affidavits suggesting that the wills were genuine. These were then submitted to the high court.”
He said by doing this Harris had perverted course of justice. The fraud netted Harris in excess of £350,000.
He said there were substantial mitigations for Harris in that he had no criminal record and that Harris had led a “good” hard working life.
“To your enormous credit you fought for your young daughter when her life circumstances made it appear she was about to be adopted,” he said.
“That did not happen and you brought her up and that is a credit to her and your [three] boys.
“Many at the trial prosecution witnesses included spoke highly of the nature of the relationship that you had with the Moyles, it is right to say you did much for them.”
In mitigation, Harris’s barrister Jason Beal said that what some would say is that a greedy man had befriended two elderly people, wheedled his way into their affections and consequently into their good books.
“That would be inconsistent with the evidence during the course of the trial,” he said. “It was not just his client who said that the Moyles treated him like a son, other witnesses said so as well.”
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He said Harris, who had serious health conditions, had worked all his life and had no previous convictions. “He is not by any stretch of the imagination a well man,” he said.
For abuse of fraud by position Harris was given four years, reduced from five due to mitigation.
For the submission of the fraudulent affidavits to the high court to pervert the course of justice, Harris was given 18 months to run consecutively.
For counts 6, 7 and 8 relating to the forged wills Harris was given two years each to run concurrently alongside the other two sentences. In total he was given five and half years.
A proceeds of crime hearing will be at a later date.
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