Salsa teacher cleared of dishonestly claiming more than £20,000 in disability benefits

A MAGISTRATE who runs a salsa dancing business has been cleared of dishonestly claiming more than £20,000 in disability benefits.

Wayne Middleton, 48, of Highfields, Stanton Drew, denied two charges of dishonestly making a false statement to obtain a benefit or payment when he appeared before North Somerset Magistrates Court.

The court heard that divorcee Mr Middleton claimed £20,852 in Disability Living Allowance between August 2005 and November 2011 and a further £1,500 in incapacity benefits between April 2009 and July 2010 on the basis his fibromyalgia left him in crippling, constant pain.

The Department of Work and Pensions (DWP), who brought the prosecution, alleged that Mr Middleton failed to inform them his condition had improved enough for him to sit as a magistrate in Bristol, work as a volunteer at Bristol Zoo and run salsa dancing classes in Bristol up to three times a week.

Mr Middleton, who takes a cocktail of 39 drugs a day to manage his condition, also appeared on the hit Channel 4 TV show Coach Trip where he was seen abseiling 100 ft down a castle tower, grass skiing, stilt walking and cave exploring as well as visiting a brewery and beer festival.

The prosecution also alleged that Mr Middleton benefited financially from Salsa Bristol, of which he was sole proprietor from 2009.

District judge Lorriane Morgan found Mr Middleton not guilty on both charges.

His friends who were sitting in the court wept as the verdict was read out.

Mr Middleton, who has suffered from the condition since the age of 17, first applied for disability benefits in 1999 but this claim was refused.

He then appealed the decision with the help of the Citizens Advice Bureau and in a second claim in 2003 was told he would be awarded the benefits indefinitely.

The court heard how the DWP had been investigating Mr Middleton since 2008 following a tip off and that one of their staff had seen him on Coach Trip.

Prosecuting, Kevin Withey said that Mr Middleton had failed to inform the DWP or Job Centre of any changes which may affect his benefits.

In his summing up to the court, Mr Withey said that how Mr Middleton described his condition was not compatible with what was seen on the activities he took part in on Coach Trip.

Mr Withey said: "He said in his original applications for benefit he was in a terrible state. This is not compatible with what you see."

Friends who gave evidence at the hearing also spoke about how Mr Middleton lived his life in constant pain and needed help to carry out even menial tasks.

Friend Nigel Broderick, who accompanied him on Coach Trip in July 2011 told how he witnessed his friend drinking liquid morphine and punching a pillow in pain after taking part in activities in the TV show.

In his evidence to the court, Mr Middleton said: "Every minute of every day I am in pain.

"It never goes away and I have had it for as long as I can remember. It affects my whole life.

"I have nothing to hide - my condition is very real - but I had to do something with my life."

Defence solicitor, Matthew Graham, said that Mr Middleton was a man of good character and had done the voluntary work in a bid to contribute to society.

He added that Mr Middleton had never received any payment from his salsa dancing business and was open about the activities he had undertaken.

Mr Graham said: "This is a man who has tried his best and tried to contribute to society and play a part. These are the actions of an honest man rather than a benefit cheat.

"There is no covering up, no hiding anything. Mr Middleton has done what he has done proudly and openly.

"He does it despite the life of pain he leads. which is with him always

A spokesman for the Department of Work and Pensions said they were disappointed with the outcome.

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