A man remanded in custody on a burglary charge has been freed – after the death of the householder.

Shane Sharland, 21, had been accused of breaking into a house in Orion Way, Willesborough, on December 7 in 2014 and stealing £20 from the owner Martin White.

He had been remanded in custody following a hearing at Canterbury Crown Court on January 14.

But at his trial earlier this month, a judge at the court heard that the Crown Prosecution Service (CPS) had now decided to drop the charge.

Prosecutor Caroline Moonan told Judge Adele Williams on Wednesday, April 8, that the householder, Mr White, had since died and there was no longer a realistic chance of a successful prosecution.

The judge said that the death of the householder shouldn’t in itself prevent a trial from going ahead in the absence of the alleged victim.

"I’m annoyed I didn’t get the chance to speak on Martin’s behalf.” - Neighbour Sue Judd

But Ms Moonan said that Mr Sharland and Mr White were known to each other and the prosecution would have had to rely on Mr White’s evidence.

Mr Sharland – who had denied the burglary charge – was then freed after being told by the judge: “That concludes the hearing. You can be released.”

Judge Williams, in formally returning a not guilty verdict, added: “I am sure the CPS has given this matter careful thought.”

Now, Mr White's neighbour and close friend Sue Judd, of Orion Way, has spoken of her anger after the case was dropped.

She said she was prepared to go to court to give evidence on his behalf but wasn’t called.

Miss Judd, who often helped Mr White with his shopping and also helped decorate his house, said: “I think it is awful [that it was dropped].

“I would have taken Martin to court and I would have given evidence. I’m annoyed I didn’t get the chance to speak on Martin’s behalf.”

Mr Martin, who was in his mid-60s, died of cancer on March 30.

Followin the hearing, CPS South East Deputy Chief Crown Prosecutor Kris Venkatasami said: “Following the tragic death of the victim in this case, the CPS carefully reviewed the case.

“The victim was the only person who had identified a suspect and, while he had given a statement, the defence had raised further issues which could only have been dealt with by cross examining the victim during the trial.

“As a result, there was no longer a realistic prospect of conviction against the defendant in this case.”

Sharland previously spent time in prison after pleading guilty to two counts of shoplifting.

On Friday, October 24, Sharland, previously of Highfield Road, Willesborough, stole a jacket worth £65 from a shop in Cemetery Lane, Kennington, Ashford.

Then on Monday, January 5, he stole food of an unknown value from a shop in Beaver Lane, Ashford.

He appeared at Folkestone Magistrates’ Court on Wednesday, February 4, and was sentenced to a total of 60 days in prison. He also had to pay an £80 victim surcharge.

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