TWO brothers who raided their neighbour's flat when she went to stay with relatives -- and then tried to cover their tracks -- were spared jail.

Burnley Crown Court heard how Brendan Smith, 36, and Jamie Smith, 28, lived in the flat above their victim and when arrested by police, both showed genuine remorse for what they had done.

The brothers, of Church Street, Padiham, kept their freedom, even though a judge told them what they had done was "mean." Recorder Harry Narayan said normally people who committed break-ins went to prison, but, he added, neither had previous convictions, both were sorry for what they had done and had owned up to police.

The Smiths admitted burglary and had been committed for sentence by the Burnley, Pendle and Rossendale magistrates. They were each given 200 hours community service and must pay £291 compensation and £80 costs.

Keith Harrison, prosecuting, said the defendants and the complainant lived in a house which was divided into flats. She lived in the ground floor part and the brothers lived in the first floor flat.

The victim went away to stay with relatives and while she was gone, the defendants forced open the front door, took property and took it back to their own home. They then opened the windows to the complainant's flat, to make it appear as if somebody had gone in from the outside, to cover their tracks. Mr Harrison said when the aggrieved returned, she discovered her house had been burgled. Police went upstairs, some of the stolen items were found and the defendants were arrested.

The brothers went on to volunteer the return of some of the property and when interviewed at the police station, both showed genuine remorse.

Anthony Cross, defending, said the case was one where community service could be appropriate. Both defendants were in a position to pay compensation and costs.