A CONVICTED drug dealer, caught with heroin while still under a prior prison sentence, sent the judge hearing his case a note saying he wouldn’t be fit to attend court for five months as he had a bad back.

Andrew Scott was serving time for dealing crack cocaine when he was caught in possession of heroin while on day release from Erlestoke Prison.

Simon Clifford, defending, said his client suffered from the back condition sciatica and was bedridden.

The court was told that the defendant’s GP had sent a medical note saying he would be unfit to attend court for five months.

But Judge Euan Ambrose, sitting at Swindon Crown Court, said he was not accepting the excuse and ordered the 27-year-old to turn up the following week.

He pointed out that Scott must have been able to make the trip to the doctor’s surgery and he lived in Swindon.

In the past the case had been heard at Salisbury Crown Court and Judge Ambrose accepted that was a lengthy car journey.

Mr Clifford asked the court to adjourn the case for seven days to allow his client to attend court.

Scott was jailed in May 2008 after he admitted making more than £17,000 supplying crack cocaine.

On Saturday, November 14, 2009, he had returned to Erlestoke Prison, near Devizes, after being allowed home the day before, and he was caught with the drugs.

Claire Marlow, prosecuting, said he had half an ounce of heroin which he had intended to supply to other inmates.

The court heard that if Scott failed to attend and was arrested on a Friday afternoon he would be kept in a cell over the weekend before being brought to court on the Monday, which would not help his condition.

Judge Ambrose said: “Mr Scott must attend and if he is not here there will be a warrant. There are significantly worse options for him than attending.”

He adjourned the case to Friday, September 2 and extended Scott’s conditional bail until then.

Scott, of Crawford Close, Freshbrook, was convicted of possessing 13.44 grams of heroin with intent to supply.

In May 2008 he received the jail sentence for supplying crack.

When he was arrested police raided his grandmother’s house and found £17,000 stored in a safe.

The operation was launched after police raided the his home a few months earlier. Although they found nothing he boasted to them that he was earning £800 a day from dealing and had £25,000 stashed away.