A FATHER and son who have been accused of breaking into a jewellery shop in Tetbury last year are due to stand trial. 

Craig McShane, 38, of Long Street, Tetbury, and Mark Hawkins, 61, of Lansdown Crescent, Cheltenham, both deny the allegation of burglary.

The burglary took place at Taylor Black Antique Jewellery in Market Place, Tetbury on June 29 last year.

Lloyd Jenkins, who represents McShane, asked Judge Michael Cullum to take the case out of the list for July 24 as he needed more time to obtain medical evidence about his client.

Mr Jenkins said his case was that McShane was not physically capable at that time of committing the burglary.

He also asked for more time as the police forensic expert had conducted 'too narrow' a search on McShane's mobile telephone, and the defence wanted to challenge that.

Mr Jenkins explained that due to legal aid issues he had not been able to progress the case until that was granted last Friday afternoon.

The judge refused to break the fixture and the trial will commence on July 24.

Mr Jenkins said his client is a self employed antiques dealer.

"Legal aid was secured on Friday of last week. I had a case conference with my client on Monday of this week," he said.

"In a nutshell, one of the main issues is the police expert did a search of the defendant's mobile phone. We say it was a selective narrow search and that is prejudicial."

Mr Jenkins then said: "He had surgery on a broken leg on May 24 last year, and was in hospital for three weeks. He was immobile in June and would not have been much use in a burglary.

"I have difficulty resolving the medical evidence by the trial date. It puts us on the back foot."

The judge said: "I'm not going to break this fixture, but the prosecution should do something about the search terms on the phone. The new search results must be disclosed by July 21 to the defence.

"I refuse the application to vacate. The understanding is that the defence case statement should be served on July 21."

The judge asked why it had taken so long to sort out legal aid.

Mr Jenkins said: "The Legal Aid Commission can get quite precious where someone is self-employed."

The judge said: "I'm satisfied that he has not moved at full speed. You can't argue with that?" Mr Jenkins said he couldn't.

The judge continued: "It's too late to come to court and ask to sort out things. You had an obligation to do that. I'm not going to simply take it out of the list. It will stay in the list for Monday next week."

The trial of both men will commence on July 24.

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