UK judge jails Nigerian man for fraud, brands him ‘fool’ for absconding from trial

Judge Michael Auty KC rebuked a Nigerian bioscience graduate, describing him as “a fool” after he failed to appear for his trial, which led to his conviction and sentencing in absentia.
Martin Fatunmbi, 47, told the court he had been estranged from his family including his four children and was living in his car. He argued his homelessness hindered him from receiving the court summons.
Mr Fatunmbi, gainfully employed at a bioscience company in Kent, explained to the judge that he didn’t have a stable residence because he spent most of his time either at work or in his car, which caused him to miss the letters relating to his trial. He added that he relied on bathroom facilities at his workplace to bathe.
He had been caught with false documents including a passport and bank card that bore another person’s name. Mr Fatunmbi had tried to secure a Vodafone contract under a false identity.
Nottingham police became involved in the case, which was further complicated after Mr Fatunmbi skipped bail last year, prompting officers to issue a missing person’s appeal.
But Mr Fatunmbi’s primary defence as he appeared in court this week was his claim of homelessness.
The judge said Mr Fatunmbi had already lost out on the chance to defend himself against the allegations and added two months to his existing 12-month sentence.
His lawyer, Digby Johnson, appealed to the judge explaining that his client moved to the UK in 2004 but that marital problems pushed him out of his home.
“He has lived in the country since 2004, has a biosciences degree and works for a bioscience company in Kent,” Mr Johnson said in his submission to the court. “Unfortunately his relationship broke down in 2019 and they got back together briefly and lived together under the same roof for some time.”
“He was then asked to leave and since then has been living either in his car or at work where there are showers and it was under these circumstances [that] he did not receive any correspondence about his court hearing,” Mr Johnson added.
The lawyer pleaded that his client “is trying to work so he can provide for them (four children) but he has now found himself in custody.”
Mr Fatunmbi also stands the risk of deportation.
“There is an issue about potential deportation and he had a meeting with the border agency yesterday,” his lawyer said“Although his leave to remain has expired, he might be able to stay because of his children and work situation.”.
Detective Constable Nathan Wall, who is in charge of the case said “Fraud by false representation and failing to appear in court are both very serious matters.”
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