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Page last updated at 21:08 GMT, Wednesday, 21 October 2009 22:08 UK

Man cleared of damage to burgers

Stephen Morgan after he walked free from court  (Antony Stone/PA Wire)
Stephen Morgan was questioned for 20 hours about the two burgers

A man has spoken of his relief after a charge of criminal damage to two beef burgers was dropped by magistrates.

Stephen Morgan, of Loughor, Swansea, was first arrested for robbery after complaining about the late arrival of two burgers with a pizza order.

His solicitor said Mr Morgan faced 20 hours of police questioning which led to a charge of criminal damage and later claims of breach of the peace.

Security worker Mr Morgan, said: "I'm just glad sanity has prevailed."

His solicitor branded the episode "a waste of public money" after a brief hearing in court.

Mr Morgan, who trains dogs for police work, walked free from Swansea magistrates' court after a process which he feared threatened to destroy his business.

He ordered the beef burgers, worth £5, as part of a takeaway supper from a pizza outlet on 10 October.

When the order, from Pepino's Pizza parlour in nearby Gorseinon, arrived without the burgers, Mr Morgan complained.

Arrested

He was told that the missing meal would be sent right over but when they failed to arrive he asked for a refund which he says the company agreed to.

However, the burgers arrived shortly after but Mr Morgan, who had already eaten, immediately rejected them.

Instead he insisted on £15 compensation for his trouble, which he was paid, and the burgers were discarded.

A four-man police team arrived several hours later and arrested him for robbery. He was then led from his home in handcuffs.

His solicitor, David Singh, said the case, which he said "must have cost a couple of thousand pounds at least" should never have come to court.

He said: "He was arrested by four policeman at home and then spent 20 hours in custody being questioned and giving statements.

'Training dogs'

"There was a brief hearing last week when the case was reviewed and that was re-reviewed at the weekend by lawyers before the case against him was dropped.

"It started off with him being arrested for robbery, from robbery he was charged with criminal damage then they tried to allege a breach of the peace, now it's zero.

Mr Singh said the company's compensation policy of giving the food for free meant the burgers by that time belonged to his client.

Mr Morgan said: "I have just started a security business training dogs for the police and the army out in Afghanistan.

"I have had a lot of backing and government contracts and if I had got a criminal record I would have lost my licence to operate.

"It's just a relief it is all over."

Nobody from Pepino's Pizza was available for comment.

'Evidence available'

But a spokesman for the company had previously told the South Wales Evening Post that customers who got the wrong food got their money back, and free food.

"We have a good reputation. Out of 2,000 people who eat here, 1,999 are happy," he added.

A Crown Prosecution Service (CPS) spokesperson said: "The CPS is under a duty to review all cases referred to it by the police.

"The initial review of this case resulted in a charge of criminal damage, based on the evidence available.

"The CPS has an ongoing duty to monitor and review all cases throughout the prosecution process. The decision in this particular case was re-reviewed and it was concluded that the case should not proceed."



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