A FESTIVAL organiser has avoided a prison sentence after he defrauded HM Revenue and Customs out of almost £99,000 for a concert which failed to take place.

Brian Davies organised a three-day event supposedly featuring the Scots-born former Marillion frontman Fish, rockers Nazareth and other acts in the grounds of Crathes Castle in Aberdeenshire in August 2009.

But the promoter pulled the plug blaming poor ticket sales.

HM Revenue and Customs staff became suspicious about the New Dawn Promotions company director’s submitted forms and turned up at his home with a search warrant two months later.

After checking over his records, they discovered that he had received VAT repayments based on transactions that never happened.

He was charged and admitted being concerned in the fraudulent evasion of VAT by submitting returns containing false details when he appeared in court.Davies appeared at Elgin Sheriff Court for sentence yesterday.

Davies lives in a caravan in Moray had got carried away after organising a successful event in Chester.

He also cancelled a Memories of Woodstock festival which was being organised to celebrate the 40th anniversary of the event in Shrewsbury in the same month.

He was ordered to carry out 300 hours of unpaid work in the community after the court heard he had paid back the entire £99,000.