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A PE teacher and former professional footballer has been spared jail after being convicted of a fraud by taking £6,000 from a school to buy equipment for his own firm.
Father-of-three Steve Restarick, 44, was charged with fraud by abuse of position, theft, and intimidation of witnesses, relating to his time as head of PE at Maidstone Grammar School (MGS).
After a trial at Inner London Crown Court in May, he was found guilty of the fraud charge which involved embezzling £6,258 of the school's resources over three years, but cleared of all other charges.
He used the money to buy equipment including cones, whistles, medals and kit which was used by his private business Premier Football School (PFS).
Today, Restarick was sentenced to 18 months in prison, suspended for 18 months. He must also repay £6,258, pay costs of £1,000 and a victim surcharge of £15.
He must also complete 200 hours of unpaid work.
He was cleared of allegations he sent three people an envelope containing a psalm, a picture of Traitors’ Gate at the Tower of London and a white feather – a symbol of cowardice - and stealing other items from the school including photocopying paper.
Judge Mark Bishop suggested Restarick's actions could have been borne out of arrogance, describing them as "a significant breach of trust."
The court heard Restarick set up a football training school, called Premier Football School, in partnership with the establishment in 2005.
It was agreed he could run the business on school grounds with the profits evenly divided but this agreement ended in 2009 and Restarick was told to fund the venture himself and pay the school rent for its football pitches.
In February 2014 a large amount of equipment emblazoned with his business’ name were discovered inside a disused changing room. This equipment was also stored in a school pavilion inside boxes only Restarick had access too.
An assessment of department invoices found purchases for the Premier Football School going through the school’s P.E budget.
Prosecuting, James Vine, claimed the fraud had been going on for five years, from 2009 to 2014 and the £6,258 represented a significant proportion of the Barton Road school's budget. Restarick had used the cash without the knowledge of the school bursar, the court heard.
Mr Vine added: "Pupils suffered as a result of this as when this money was required it wasn't in the school budget.
"Students didn't have the standard of equipment that should have been provided by the PE department as this money went on equipment for Restarick's business.
A previous KM article featuring Restarick's thoughts on being convicted was read out before the court suggesting he showed "lack of remorse".
Defending, Greg Krieger, said Restarick was previously of good character and has no previous convictions.
He said the teacher is now head of PE at a London school which has said he could keep his job, as long as he avoided a custodial sentence.
Mr Krieger said: "Many people around Mr Restarick have shown considerable faith in him. It is a strange case borne out of a real personality clash with the school bursar. It was immaturity rather than desire to make a profit for himself."
Sentencing, Judge Mark Bishop said: "Your defence was that you had an agreement with the school bursar but the school bursar gave evidence to say you did not.
"I put aside what I have read in the Kent Messenger."
Judge Bishop told an emotional Restarick: "You have betrayed the trust of those with whom you worked- not only the bursar but your colleagues in the PE department.
"Because of the equipment not being available to to pupils of MGS there was a reduction in the available equipment more than there should have been."
"In any school community where a fraud like this happens the disruption goes a long way beyond questions of money."
Mark Tomkins, headmaster at Maidstone Grammar School, said “We are deeply disappointed Mr Restarick, a valued and trusted senior member of staff, should have abused the trust of his colleagues.
"We are satisfied this prison sentence, albeit suspended, adequately reflects the seriousness of the fraud which he subjected the school to.
"In diverting the school’s resources for his own personal benefit, Mr Restarick reduced the opportunities which should have been available to our students.
"We are relieved that this matter has been concluded and look forward to concentrating fully on teaching."
Restarick did not speak after today's court hearing, but has previously said the two-years to get the case to a court hearing had been a "hard weight to carry for my family."
He said: I’ve got three young children – a 10 year-old son and twin nine-year-old daughters, who play for Maidstone United.
“What’s been keeping me going is the number of parents and current and ex-students who’ve stopped me in the street and wished me well."
He said he bore the school and staff no ill feelings.
After sentencing, investigating officer DC Simon Powell said: "Restarick was undoubtedly a very talented, popular and respected teacher but he took advantage of his position to grow his own business over a number of years.
"Restarick’s actions meant a school which was funded by the taxpayer was deprived of money that should have gone to its pupils.
"The investigation was lengthy and complex and it and the sentence he has received is entirely appropriate."