A MAN who resisted when Group 4 custody officers at Burnley magistrates' court tried to take him to the cells did so because he wanted to protest to the court and not because he wanted to escape.

Blackburn magistrates heard that Michael Jonathon Ashe, 30, had one last chance to see his children before they went for adoption and the court had not listened to his problems before remanding him in custody.

And defence solicitor Andrew Church-Taylor said the whole unfortunate incident could have been avoided because when a bail apllication was heard shortly afterwards, Ashe was remanded on bail.

Ashe, of Waddington Avenue, Darwen, pleaded guilty to two charges of resisting the custody officers.

He was ordered to pay £50 compensation to each of them. Three charges of assaulting court custody officers were dismissed after the prosecution offered no evidence.

Mr Church-Taylor said the descision to remand Ashe in custody for the preperation of pre-sentence reports had been made without giving the defence the opportunity to make an application for bail.

"There was a good argument for bail and clearly the magistrates who eventually heard the application agreed with that," said Mr Church-Taylor. "All the pushing and shoving could have been avoided."

He said Ashe suffered injuries to his arms, legs and head on his way to the cells.