A benefit cheat, whose £46,000 disability scam was exposed by damning photographs of him gardening and carrying heavy loads, has dodged prison because he now claims to be bed-bound.
Ex-bus driver David Port, 52, (pictured) claimed he could only walk a few steps without support and paid a relative to lift him upstairs to bed every night.
He was given a free motobility vehicle; sheltered accommodation; a carer's allowance and free designated parking spot after successfully exaggerating his condition to doctors.
Among the array of ailments he claimed to suffer were chest pain, shortness of breath, carpal tunnel syndrome, fits, vascular disease and brittle bone disease.
Ironically Port, of Kuala Gardens, Norbury, South London, suffered a genuine stroke awaiting sentence - although a judge indicated he is still exaggerating his symptoms.
Port failed to appear at Croydon Crown Court where he pleaded guilty over two years ago to dishonestly making false statements to obtain Disability Living Allowance (DLA) between February 15 1999 and July 20 2005.
Further benefit fraud charges amounting to approximately £100,000 will lie on the file because any trial would involve Port being brought before a jury in his bed and Judge Stephen Waller ruled this was not in the public interest.
Benefit fraud charges amounting to around £3,000 against the defendant's wife, Susan Port, 56, will also lie on the file.
Prosecutor Miss Wendy Hewitt told the court: "A neighbour became suspicious when the local authority painted a dedicated parking bay outside the defendant's sheltered accommodation.
"The neighbour took a series of photographs in 2006 that showed Mr. Port outside erecting a wooden structure, hanging a gate and sawing and hammering.
"In both the care and mobility sections of his claim Mr. Port was granted benefits at the very, very highest level, reserved for those who cannot walk or care for themselves."
While claiming he could not walk Port was cautioned by police in 2005 for kicking a motorist's car during a road-rage incident.
"That is further evidence that this is not a man who was disabled at all, but manipulated the system to obtain public funds," added Miss Hewitt.
Port's lawyer Mr. Nick Corsellis told the court: "This is a case right-minded people will find scandalous.
"For a man who wished to be disabled the fact is he now is after suffering a stroke and is now bed-bound and cared for by his wife and other carers."
Judge Waller, who agreed to scrap the trial on further benefit fraud charges, announced: "He would have recquired a stretcher or a bed in court. A trial may have been possible with his co-operation, but that was not forthcoming.
"The defendant was far from co-operative in seeing a prosecution medical expert and the court considered issuing a warrant for his arrest or having the trial in his absence.
"Although it is possible he exaggerates his symptoms he is now a man who is genuinely ill and spends his days in bed at home.
"He has done little to try and make himself better since suffering the stroke and if he exercised as the doctors have advised his condition would not be as bad."
Port was sentenced to ten months imprisonment, suspended for two years, and ordered to obey a nightime curfew and residency requirement for six months.
No compensation was ordered and Port continues to receive benefits.
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