A D-DAY veteran and sex offender has again been spared a jail term.

Thomas Albert Smith, of Almondbury, was originally allowed to walk free by an "unduly lenient" judge after he admitted sexually molesting two teenagers.

Smith, 78, of Fernside Avenue, was given a two-year suspended sentence at Bradford Crown Court last July, after admitting abusing the girls over 20 years ago at riding stables he ran in Almondbury.

Yesterday, lawyers for the Attorney General, Lord Goldsmith, urged the Appeal Court to jail Smith.

But Lord Justice Mantell refused - even though he accepted the original suspended jail term was "unduly lenient".

Smith, who went ashore in Normandy in June, 1944, lost an eye in combat and still has shrapnel in his back from the fighting.

He was prosecuted after the two girls - now in their 30s - complained he indecently assaulted them over a sporadic five-year time span between 1978 and 1983.

The first girl - identified just as C - helped out in his stables and was preyed on by Smith from the age of 13.

Lord Justice Mantell said Smith's conduct evolved from simple cuddling to touching inside the girl's pants, adding that "in due course full sexual intercourse began to take place between them".

The second girl - identified as M - was indecently assaulted on various occasions, although there was no sexual intercourse.

Contact was broken off when her father learned of Smith's conduct, said Lord Justice Mantell.

But Smith remained at liberty for another 19 years, until in September, 2000, C finally contacted police about her experiences.

Smith told police his behaviour stopped at "innocent cuddling", but he later pleaded guilty to three sample counts of indecent assault. Nine other charges were left on the file.

He received a 24-month sentence, suspended for two years, which the Attorney General criticised as too light.

Lord Goldsmith's lawyers said the trial judge had taken too much account of C's plea that "she was not anxious to see him punished, beyond suffering the indignity of having to accept responsibility for his conduct".

Lord Justice Mantell, sitting with Mr Justice Butterfield, said little would now be achieved by putting Smith behind bars.

A two-year jail term would have been appropriate. He added: "We do think the sentence should not have been suspended."

But, sparing Smith for a second time, the judge took account of his chronic ill-health, and the fact that sentence was passed over six months ago.

Smith's counsel, Philip Andrews, had told the court his client was in failing health, with debilitating heart disease.