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Man cleared of banana burglary

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Published: Aug. 7, 2009 at 2:28 PM

BIRMINGHAM, England, Aug. 7 (UPI) -- An Englishman who stole a banana from a restaurant after a drunken party was acquitted of burglary Friday following a two-day trial.

Shamim Qureshi, who served as judge in Birmingham Crown Court, told jurors before they began deliberations, that the estimated cost of the proceedings was 20,000 pounds (more than $33,000), The Sun reported. But he said the seriousness of the offense did not depend on the value of what was stolen.

"It is fairly easy to make lots of jokes, but do remember it is a serious allegation that the defendant faces," he said.

The defendant, James Gallagher, 23, had been out with friends celebrating a birthday with an all-night bash. As the group passed an Italian restaurant opening for the day, Gallagher and another man ducked under the partly open security shutters and grabbed a banana.

Christopher Oglesby, 22, pleaded guilty before the magistrates and got a conditional discharge. But Gallagher, who had offered to pay for the banana before his arrest, insisted on a jury trial, saying later he was convinced the magistrates would find him guilty.

"It was only a banana, but I'm glad I've cleared my name," he said after the verdict.

Topics: James Gallagher
© 2009 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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