A MAN who called in sick for community service – but was spotted by a probation officer walking around town – has been found in breach of his order but avoided prison.

Victor Emmanuel De Brito Pinto (32) had already served 50 out of 100 hours, but had on several occasions missed his community service and once been late, the Magistrate’s Court heard.

On another, Pinto overslept and called the Probation Service to let them know, and the next day went to a doctor to receive a backdated medical certificate for a headache.

Appearing in court, Pinto said he did not have a headache, but that he was scared of being brought to court.

Two weeks later, Pinto said he had gastroenteritis, which he said was going around in his family. However, he failed to call the Probation Service to let them know he would be absent. Pinto said he did not leave the house all day.

But community service manager Andy Le Marrec said he had seen Pinto in town – a long distance from his home – and that they even acknowledged each other.

Relief Magistrate David Le Cornu said: “Mr Le Marrec’s evidence was extremely clear.”

He found Pinto to be in breach and gave the defendant an extra 20 hours to serve, along with a stern warning that any future breach would land him in court and likely in prison.

He told him: “This morning, there was a chap standing there [in the dock] who was given a further chance. He breached it again and he is now at La Moye.

“You need to understand that you will not get another chance.”