A BUSINESSMAN who turned benefit cheat avoided a jail sentence yesterday because of the torture he suffered as a hostage 20 years ago.

John Smith, 56, was captured by rebels in Suriname, Syria, while running a timber and fisheries firm in the early 1980s.

Newcastle Crown Court heard how he spent three months in captivity where he was frequently tortured and as a result was left with a depressive illness.

After spending some time in Holland, Smith, who has dual British and Dutch nationality, returned to Britain in 1994.

It was during 1999 and 2001 that he claimed £10,646 in benefits by failing to disclose that his wife was working.

Smith, of Welburn Road, Washington, Wearside, admitted fraudulently obtaining the money.

Michael Hodson, defending, told the court how Smith, who had a military career before starting his business in the 1970s, still suffered from anxiety and depression as a result of his ordeal.

Mr Hodson said: "Although the public would normally want to see people who defraud the state properly punished, there are times when the court is entitled to take an act of mercy which is highly exceptional."

Judge Richard Lowden agreed to suspend his six-month prison sentence for nine months.