Private prosecution convicts burglar

The court criticised police inaction

A father-of-four who took out a private prosecution against a burglar is celebrating victory after an 18-month legal fight.

Police refused to prosecute the 16-year-old burglar, who cannot be named, even though he was caught stealing from a garden shed.

But, after 15 court appearances, David Asher from Bradford had his perseverance rewarded when the youth was convicted of burglary.

Mr Asher, 49, was awarded some of his costs from public funds while the boy's parents were ordered to pay £150 court costs.

We have to make a judgement on every case based on the evidence available to us and the probability of a successful prosecution

West Yorkshire Police spokesman

Bradford Youth Court heard that Mr Asher found a gang breaking into his garden shed in March 2001.

Two of the raiders ran off, but he managed to hang on to the third even when the others returned and started pelting him with bricks.

The police were called and the boy was arrested, but statements were never passed on to the Crown Prosecution Service (CPS) while several witnesses were not interviewed.

'State trial'

In court on Wednesday, District Judge Roy Anderson criticised the police for deciding not to charge the youth without seeking the opinion of the CPS.

He said delays in bringing the case to court had turned it into a "state trial".

A spokesman for West Yorkshire Police defended the force's decision not to prosecute but added: "We will be looking at the outcome of this case.

"We have to make a judgement on every case based on the evidence available to us and the probability of a successful prosecution and that is what we did."

The teenager, who previously had no criminal record, was found guilty of burglary with intent to steal and given a six-month conditional discharge.