A judge has apologised to a retired carpenter after he was forced to throw out a case against an alleged swindler.

Stroke victim Brian Hardy handed over most of life savings to his "trusted" financial adviser Michael Smith.

But Bradford Crown Court heard allegations that 41-year-old Smith failed to invest the cash and used it himself.

Prosecutor John Muir branded Smith "a complete and utter rogue'' as he opened the Crown's case against him to the jury.

But after hearing evidence from Mr Hardy, Judge Roger Scott said he had reluctantly decided that he was an unreliable witness.

Mr Hardy, who lives in Huddersfield, suffered his stroke shortly after making a full statement to the police.

But he admitted in the witness box that his recollection of the events going back to 1993 was now vague as a result of his medical condition.

Judge Scott praised him for his honesty with the court, but he said his memory problems meant it would be unsafe for the trial to continue.

He added: "I am so, so sorry, Mr Hardy, because you are what I might call the salt of the earth as far as I am concerned.

"Fate has played you a very bad hand on any view.''

Smith, of York House, Idlethorpe Way, Bradford, had denied two sample charges of obtaining money from Mr Hardy by deception.

Judge Scott directed the jury to find him not guilty on both counts.

The court heard that Mr Hardy had handed over more than £50,000 to Smith, who operated as a financial adviser under the name of Northern Financial Services.

Mr Hardy said Smith talked about investing money in a restaurant in Ilkley and he also gave him money to pay for some of his own expenses, including the mortgage on his home.

"I thought eventually it would come back to me,'' said Mr Hardy.

"I trusted him and we became good friends.''

Mr Hardy said he never got any money back and after Judge Scott told him the case would have to be thrown out he said: "I'm very, very disappointed, because to me justice has not been done.''

Judge Scott said he would probably agree, if he was not wearing his wig.

Smith had also pleaded not guilty to eight similar allegations of deception relating to other members of the public and Judge Scott discharged the jury from returning verdicts on those matters.

Smith could still face another trial on those allegations and Judge Scott granted him bail to attend the Crown Court again on a date to be fixed.

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