A MAN who claimed he was wrongly convicted of damaging a car, because a magistrate hearing his case knew the victim of his crime, has withdrawn his appeal.

Philip Warburton, of Crosley Grove, Accrington, was convicted of criminal damage to a car belonging to neighbour George Ellis, at Hyndburn Magistrates' Court a year ago.

He lodged an appeal against the conviction but withdrew the appeal when he appeared at Burnley Crown Court.

Recorder Alistair Webster said he understood the basis for appeal was that one of the magistrates had a connection with the complainant Mr Ellis.

Fraser Livesey, representing Warburton, said his client still denied driving into Mr Ellis's car twice, thus causing criminal damage. B but Warburton took a pragmatic view and would abandon his appeal against conviction.

The appeal was formally dismissed by Recorder Webster, who transferred the two cases to Judge Raymond Bennett's court for sentence.

At an earlier hearing, Judge Bennett had dismissed an appeal by Warburton against separate convictions for criminal damage and resisting a police constable, offences which also related to Mr Ellis.

Nicholas Simmonds, representing the Crown, said an application for about £500 in costs was likely to be made against Warburton.

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