HELP for Heroes fundraiser Mike Buss has said it is not fair that he answer allegations of fraud made against him due to mental health issues.

Buss looked dishevelled and nervous beneath a full, matted beard and baseball cap as he sat tentatively outside the dock at Swindon Crown Court yesterday.

The former endurance athlete, gym owner and fundraiser, stands accused of a specimen count of fraud, involving taking charitable donations but failing to pass them on to the charity.

The 40-year-old, from Highworth, struggled to make use of special hearing equipment at the court, squirming at high-pitched interference from the sound system.

After hearing there are concerns over his mental state, the court adjourned his hearing until February 6, so that details of payments made to his account could be investigated and his health assessed.

Colin Meeke, prosecuting, said: “We have had a brief discussion about this matter and he is not to give a formal indication at this stage because there are some issues about fairness of his making a plea at this time.

“I can understand given the nature of this case why one might be a little wary about it.”

Tony Bignall, defending, said he wanted to be confident of the facts before advising his client to plead.

“I am concerned there are some mental health difficulties so we are probably going to need a psychiatric report,” he said.

“I have spent some time with Mr Buss and he is concerned about the fairness to plead and a trial would have to proceed very slowly.

“Certainly there are difficulties which need to be overcome in regard to the supply of payments. Not all of the money that went into the account were charitable donations, and all of those payments will need to be identified.

“This defendant certainly has some explaining to do, but I am uncomfortable entering a plea until all of these matters are sorted out.”

Judge Tim Mouseley QC set a deadline for Buss to set out his case.

“I am going to make futher direction for the defence to indicate a plea to the court and prosecution by January 17,” he said.

“You will have to come back to court on February 6, and I grant you bail between now and then. If you fail to show up on that day it can proceed in your absence and you commit another offence.”

Told to leave the court at the end of the hearing, Buss said: “I didn’t hear anything that was just said.”

He remains on conditional bail not to promote or have any involvement with charitable fundraising or contact, directly or indirectly, representatives of the Help for Heroes charity.