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Andrew Mullen, of Dalby Square, Margate, was not the shoplifter caught on camera at Sainsbury's

By: Paul Hooper phooper@thekmgroup.co.uk

Published: 00:00, 10 December 2013

Updated: 09:44, 10 December 2013

Canterbury Crown Court

A man walked free from court this week – after lawyers admitted he was NOT the shoplifter caught on camera.

Andrew Mullen, 38, of Dalby Square, Margate, had been accused of stealing two bottles of whisky worth £52 from Sainsbury’s.

A police officer identified him as the suspect from a grainy still image taken from the store’s CCTV. But now Canterbury Crown Court has heard how Crown Prosecution Service lawyers were urged by Mr Mullen’s lawyer Phil Rowley to look at the original footage.

After two appearances in the Thanet Magistrates and two more at Crown court, prosecution lawyers accept that he isn’t the man in the picture. Francesca Levitt, prosecuting, formally offered no evidence against Mr Mullen. He had earlier pleaded not guilty.

Judge James O’Mahony told him he was free to leave court adding “you are probably due an apology”. He also awarded him his £14 fare to attend the hearings.

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