Crook frogmarched to police station with 'THIEF' sign around his neck sues employer for £90,000 for 'being humiliated'

Published 23rd Jul 2010

It was a public way of shaming an employee who had stolen from his business.

But two years later, Simon Cremer is being sued by the thief he caught - despite having already been cleared of any wrongdoing.

Mark Gilbert, 40, is claiming compensation for lost earnings because of the alleged psychological trauma he suffered at the hands of his former boss.

Mr Cremer hung a sign around Gilbert's neck branding him a thief and marched him to a police station in 2008 after discovering he had forged a company cheque for £845 and cashed it.

But Gilbert was let off with a police caution, while floor fitting firm owner Mr Cremer and his staff were charged with false imprisonment before the case against them was dropped.

Now, Gilbert has launched a civil case claiming compensation for two years of lost earnings.

With the potential payout estimated at £90,000, Mr Cremer, 46, said he was considering capitulating and making an out-of-court settlement because he cannot afford to fight the case.

'He has put in a civil claim form which is in the hands of my solicitor. His claim is for the trauma, stress, and psychological help he needed,' father-of-two Mr Cremer said yesterday.

'He's claiming he's not been able to work for the past two years because of the trauma and distress he has suffered.

'I don't think it is right you steal from someone and then sue them. That is not justice.

'We have got 14 days to launch a counter claim. We've got to look to whether I can afford to fight the case. It costs £25,000 just to fight it and I haven't got that sort of money lying around.

'It's basically morals or money. If I fight him the solicitor's bill will be huge. And he only has to be awarded a pound to win - meaning I would have to pay his legal costs as well.

'Or I make him an offer to make it go away for a quarter of the price.'

He also called on Prime Minister David Cameron to launch a review of the law, saying: 'How can someone sue you when you are totally innocent but because you can't afford the legal fees you have to pay an out-of-court settlement?

'That is not right - that is not justice and it should be changed.'

Mr Cremer, of Little Maplestead, near Halstead in Essex, added that his partner, Karen Boardman, 45, had been battling breast cancer and was recovering from a recent operation.

'Obviously the stress and worry of this is not helping things,' he said.

Gilbert was earning up to £1,000 per week when he worked at Mr Cremer's firm, In House Flooring, in Witham, Essex.

But in July 2008 staff at a Cash Converters store became suspicious when he presented the cheque and contacted his boss.

Gilbert later admitted forging the cheque but claimed he was owed wages which he needed to pay for a holiday and wrote it out himself as his boss was too busy.

Gilbert, who is understood to be funding his claim under the terms of a medical insurance policy, said shortly after he was caught he 'probably deserved' what happened to him.

He added: 'I feel for the bloke, I respect the bloke, but I want him to pay for what he's done.'

He was unavailable to comment yesterday at the £220,000 modern two-bedroom bungalow in Portishead, Bristol, which he moved to from Colchester earlier this year.

A woman who answered the door said: 'He's sorry about what happened but he doesn't want to give any further comment.'

Source: ' Daily Mail '

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