A SHERIFF has criticised the Crown Office as its actions meant she was unable to sentence ex-First Minister Jack McConnell’s sister for stealing thousands of pounds from a pensioner.

Sheriff Elizabeth McFarlane was due to sentence Anne McConnell for stealing £9,000 from 80-year-old severe arthritis sufferer Janet Noteman.

McConnell, 51, took the money while working as the pensioner’s carer on the Isle of Arran after obtaining her bank card and PIN between February and August last year and emptying her account.

The theft came to light when McConnell went off on sick leave and the pensioner noticed the money was gone.

Her new carer contacted the police, leading to McConnell being questioned.

McConnell told officers she had stolen the money because she was going through the menopause and needed it to pay her mortgage. She told them she hoped her brother – Labour peer Jack – would help to pay back the money, which was reduced to £9,000 from £17,900 after striking a deal with prosecutors.

But Mr McConnell, who was First Minister of Scotland between 2001 and 2007, refused to help his sister, meaning she had to put her house up for sale and sell a host of household items in a bid to raise the money.

The case had been adjourned previously to allow her to sell her house to raise the full £9,000 she stole so it could be given to the bank, which had reimbursed McConnell’s victim.

But yesterday it emerged she could not raise the outstanding amount, thought to be about £2,000, as she needs to sell her house to do so – and the Crown is trying to seize the property.

Defence solicitor Gordon Ghee said McConell, who is now living in the Kilmarnock area, had received “a verbal offer” for her three bedroom semi-detached home in Whiting Bay. But he said she could not accept the offer on the house, which is being sold for offers over £105,000, as prosecutors from the Crown Office and Procurator Fiscal Service had made moves to seize the property.

An incensed Sheriff McFarlane turned to Procurator Fiscal Depute Lucy Adams and said: “Madame Fiscal, that is a ridiculous position from your office.

“It offers no assistance in bringing this matter to a resolution – sort it out. I wanted to bring this matter to a close today.”

After hearing that McConnell had a letter from her GP to say she was fit to do unpaid work, Sheriff McFarlane deferred sentence to allow time for the situation regarding McConnell’s house to be clarified.

A Crown Office spokesman said its action did not prevent a sale and was done to preserve the asset.

“Restraint of property does not prevent a court from ordering the offender to pay compensation,” he added.

At a hearing in February, defence solicitor Peter Lockhart said: “In her police interview the police officer said to her that she had made a comment that she would get the money back from her brother.

“She said, ‘I just meant I would ask if he’d help out to get the money back’. “He asked, ‘have you spoken to Jack in relation to this?’ She replied, ‘no, not yet’.”

McConnell is now set to learn her fate next month.