Undertaker stole thousands but ordered to pay back £1

Mar 28 2008 The Journal

AN UNDERTAKER who systematically plundered thousands of pounds paid by customers to pay for their own funerals has been ordered by a court to pay back just £1.

Stephen Summerscales, 45, had been a respected employee with the South Shields branch of funeral directors John Duckworth.

But over a four-year period he secretly pocketed more than £18,000 handed over to him by mainly elderly clients in poor health to fund their funeral arrangements.

Summerscales, who claimed he squandered much of the money on drink, was jailed for 20 months at Newcastle Crown Court in December after admitting 15 counts of theft from his employer.

None of the victims lost out because the losses were made good by the company, the court was told.

Yesterday, at a confiscation hearing before the same court, Summerscales was ordered in his absence to repay a nominal £1 after Judge Tony Lancaster heard he had no realisable assets.

Glen Gatland, defending, said: “He has no assets and no bank accounts apart from the one he used for his job seekers’ allowance.” Judge Lancaster formally declared Summerscales – formerly of Seafield Terrace, South Shields – had benefited to the tune of £18,867.80 from his criminal offending.

But he said he was satisfied his realisable assets should be declared as £1, a nominal amount because the available amount was actually nothing.

“Should the defendant ever receive assets to the value of the benefit I have declared, then a confiscation order in relation to that sum can be made at any time,” the judge said.

Speaking after the hearing, Mr Duckworth said: “I’m absolutely stunned. I’m flabbergasted.

“To think that you can steal that much and be asked to pay back a pound. I’m shocked at the law.

“To be honest, I would rather put the whole unfortunate episode behind us.”

At his sentencing in December, the court heard Summerscales had developed a professional reputation for kindness and compassion.

But he stole the money over a period of four years at a time when the company was running a scheme by which people could provide for their own funeral.

It was designed to allow people to feel as if they were not a burden on their descendants as their funeral costs were covered.

At the December hearing, Recorder Ben Nolan said: “Happily and honourably, Mr Duckworth has stepped in so no-one has actually or potentially had their funeral disrupted. I take it as an aggravating feature that most of your victims were elderly or in poor health or both and could potentially have been caused that distress.”