A CHURCH treasurer who stole more than £70,000 in funds was spared being returned to prison today (Tuesday) after appeal judges imposed a £15,000 fine on her.

Janet Farquhar, 70, embezzled a total of £72,155.34 while holding the post at Chalmers Memorial Church in Port Seton between 2008 and 2016.

Her crime was only uncovered after it emerged in 2016 that the church was behind in contributions which it owed to the Church of Scotland.

An inquiry revealed that Farquhar had made out cheques for about £60,000 payable to herself and she had taken a further £12,000 from collections contributed by parishioners.

Farquhar, of East Lorimer Place, Cockenzie, admitted embezzling the money when she appeared at Edinburgh Sheriff Court earlier this year and was jailed for 18 months.

But she was freed after about seven weeks in custody pending an appeal against the prison sentence imposed by Sheriff Peter Braid.

READ MORE: Pensioner repays £70,000 she stole from church after son sells house

Judges at the Court of Criminal Appeal in Edinburgh heard that all the money taken had now been repaid.

Lord Malcolm and Lord Turnbull ruled that they would quash the sentence of imprisonment and impose the £15,000 fine which Farquhar was given a year to pay.

Farquhar's defence counsel Grant Markie told the court: "It has to be recognised the offence involved a sustained breach of trust over a protracted period and the sums involved were substantial. On the face of it a custodial sentence was warranted."

But Mr Markie argued that in Farquhar's case the sentence of imprisonment was excessive and the length of the period selected was also excessive.

He said that the only realistic alternative to prison was a financial penalty as Farquhar's state of health meant it was unrealistic to expect her to carry out unpaid work.

Mr Markie said that by the time of sentencing Farquhar had repaid part of the money taken by cashing in an endowment policy and the remainder has been paid by her son, who sold his own home to raise the money. It was now planned for Farquhar to sell her house.

The defence counsel said: "An inhibition was placed on the property. I am told that yesterday [Monday] proceeds of crime proceedings called at Edinburgh Sheriff Court. The Crown having satisfied themselves the funds have been repaid, the application was withdrawn.

"One would assume in due course the inhibition will be recalled, thus enabling the property to be sold."

Mr Markie said that Farquhar was in a poor state of health which had deteriorated significantly following her period in custody.

Lord Turnbull said, in giving the appeal court decision, that the sheriff was informed that Farquhar had fallen into debt having attempted to carry out repairs to her house.

The court heard that Farquhar had lost her husband in 2006 and prior to his death she acted as his carer.

After a fall in 2008, she was left with reduced mobility in her left arm and required to use two sticks.

Lord Turnbull said: "We accept immediately that the offence to which the appellant pled guilty was a serious one."

But he said that set against that were her personal circumstances, including her age, her lengthy constructive employment record and her medical condition, which constituted "powerful mitigating factors".

Lord Turnbull said that on the information available to him there was no reason for the sheriff to consider a deterrent sentence was required in the case.

The judge said it was also an important consideration that the money had been repaid and her previous lengthy good character had to be taken into account.