A notorious British fraudster who was jailed in the UK after conning an ex-girlfriend out of £300,000 has failed in his bid to remove a judge from his case.
Mark Acklom, 51, previously admitted five counts of fraud against Carolyn Woods, from Gloucestershire, and was sentenced to five years and eight months in prison in 2019.
He was extradited to Spain in 2021 – having fled the country in 2016 during a fraud sentence – and served a further two years in prison before his release in 2023.
Since his guilty pleas in England, prosecutors have been using Proceeds of Crime Act (Poca) legislation in an attempt to recover the money stolen from Ms Woods.
During their relationship, Acklom posed as a Swiss banker and an MI6 agent.
Over the past five years, there have been a series of hearings at Bristol Crown Court to establish Acklom’s criminal benefit and available assets.
On Wednesday, Acklom’s legal team argued that Judge Martin Picton – who jailed Acklom in 2019 – should be recused from the case.
Acklom was due to attend the hearing at Bristol Crown Court through a video link but instead dialled in on an audio link.
No details were revealed of his location although Acklom has a wife and two children living in Spain.
Representing Acklom, Martin Sharpe referred to a lengthy document written by his client in which he made a series of allegations about the case’s management and the work of prosecutors.
Mr Sharpe said Acklom believed that the judge was biased against him and should therefore be recused from the case.
John Hardy KC, for the prosecution, described arguments advanced by Acklom as “an effort to re-litigate matters” and said it was an “abuse of the processes of the court”.
Judge Picton said: “I don’t believe there is any need or obligation to recuse myself.”
The judge extended the case for a further six months, with the expectation that the full Poca hearing would begin within that timeframe.
Acklom fled Spain in 2016, midway through a three-year fraud sentence, after being given temporary release while he applied for parole.
He was already wanted by Avon and Somerset Police for scamming his then-girlfriend, Ms Woods, out of her life savings in a romance fraud that began in 2012.
The fugitive was later tracked down to Switzerland and extradited to Britain in 2019, where he was jailed for five years and eight months.
Last January, a two-day hearing was held in Bristol for Acklom’s lawyers to argue there had been an abuse of process in the Poca proceedings due to a lack of disclosure. Judge Picton ruled this had not been the case.
On Wednesday, Mr Sharpe said his client believed Judge Picton’s ruling on the abuse of process argument was dealt with “too briefly” and should have been more “lengthy”, meaning he should be removed from the case.
Mr Sharpe quoted the lengthy document prepared by Acklom, which claimed there was an “inequality of arms” between the defence and prosecution teams.
The defence barrister said Acklom’s team was also “walking around in the dark” as it had not been given the “keys to the warehouse” – referring to information gathered by prosecutors and police.
He added: “We are all swimming in a sea because the prosecution – they wouldn’t say they have a grudge against Mr Acklom, they’d say it’s a matter of public policy.
“We say its very unfortunate that we’re x number of years down the line and someone needs to take control of these proceedings and police them appropriately, given there’s going to be no reward at the end of the day.”
Judge Picton said he did not have the power to end the proceedings, adding that it was “not right, necessary or appropriate” to revisit the abuse of process argument.
The judge added that Acklom would be able to appeal against his rulings in the case when it is finally concluded.
Mr Hardy told the court that recusal of a judge had to relate “to the issue of actual or apparent bias”, adding that Acklom appeared to be suggesting that the judge revisit his 2019 sentence.
“I’m doing my level best to present our case in a way that is not disrespectful to the way the defendant has advanced his arguments and I’m having some difficulty, I must admit,” Mr Hardy said.
Mr Hardy said the judge had made rulings against both Acklom and the prosecution during Poca proceedings, such as by permitting Acklom to attend court remotely.
Referring to matters raised by Acklom as part of the application to remove the judge from the case, Mr Hardy said: “They are so far remote from the issue to recusal that they are irrelevant to the application.”
Previously, the court heard that UK financial investigators concluded Acklom had available funds of almost £262,000.
Meanwhile, the Spanish authorities have made confiscation orders against Acklom valued at 374,000 euro (£321,000) over the crimes he committed in Spain.
In 1991, Acklom, then aged 16, was given a four-year custodial sentence for a £466,000 mortgage fraud after posing as a City stockbroker.
He also spent £11,000 after stealing his father’s credit card, swindled a former teacher out of £13,000, and ran up a £34,000 bill with a private charter jet company.
