A CONMAN funeral director who misled bereaved families to win work from a former business partner escaped a prison sentence yesterday.

But Christopher Westcott, who diverted phone lines from another firm of undertakers so he could attract business, was warned that he risked going behind bars with any repeat offences

Westcott, 38, was described as "a conman and fraudster" by a judge at a previous hearing, when he admitted two charges of obtaining by deception.

The charges relate to two families who tried to book Westcott's former business partner John Pennington to handle funeral arrangements following the death of relatives.

Durham Crown Court heard that in both cases the calls were diverted to Cathedral Funeral Services, in Framwellgate Moor, the business operated by Westcott.

He told the families that Mr Pennington was no longer in the funeral business and was driving buses in Spain.

Ros Scott-Bell, prosecuting, said Mr Pennington only discovered the diversion was in place when he rang his own number and the call was answered by Westcott.

She said that Westcott instructed British Telecom to redirect the calls, posing as Mr Pennington.

Westcott charged a total of more than £3,800 for the two funerals, business which would have otherwise gone to Mr Pennington.

The court heard how Westcott previously served six months in prison and was fined for previous offences of obtaining by deception, relating to rent rebates, in 1989 and 1992.

Ailsa Macdonald, in mitigation, said civil proceedings were pending over the split between Westcott and Mr Pennington.

But she said Westcott's offending, "almost borders on sharp business practice, although he does accept there was a misconception and he misled these families."

Miss Macdonald added that Westcott, who suffers from multiple sclerosis, plans to leave the funeral business and leave the area.

Judge John Milford QC, who described the offences as "particularly mean", imposed a 160-hour community punishment order.

He also ordered Westcott to repay the profits on the two funerals, totalling £1,180, in compensation and £560 costs.

Judge Milford told Westcott: "You have tried the patience of the court enough. I wouldn't try it any further if I was you."