A JUDGE criticised what he called an "ambush" by the defence acting on behalf of a man accused of a burglary in which thousands of pounds worth of jewellery was stolen from a Worcester property.

Judge Martin Jackson said he was "not impressed" a detailed defence statement had been issued the night before Paul Capuvanno's trial that forced him to send the jury home as he adjourned the trial for a fourth time.

Capuvanno, of Mortimer Row, Bradford, denies one count of burglary in which £13,500 worth of jewellery was taken from a property in Britannia Square, Worcester, in October 2019.

His trial had been expected to get underway but when the case was called on at Worcester Crown Court yesterday afternoon Judge Jackson was immediately told by the 50-year-old's defence barrister, Lee Masters, that his application was to adjourn.

Mr Masters explained this was because of the defence case statement and the information it contained needing to be explored further.

When the judge questioned why more than year had passed without this being submitted, Mr Masters replied he took the view it should be detailed as it was the first time he had defended Capuvanno.

The judge said: "Did you know this is the third trial listing?"

Mr Masters replied: "I understand, this is the first time I have been involved."

In the statement, Mr Masters said, Capuvanno had disclosed he was the registered keeper of a car seen by Automatic Number Plate Recognition (ANPR) in Worcester before the burglary, but he claimed he had not been driving it at the time and didn't even have a licence.

Mr Masters said: "He tells me he had been informed yesterday - and puts forward the name of - the burglar, a gentleman who is well known criminal, who has a passing resemblance to Mr Capuvanno.

"He also tells me he has been set up."

Mr Masters said Capuvanno had told him that on the day of the burglary he had been at his mothers address in Bradford, when various people saw him including two independent witnesses who, Capuvanno claimed, could confirm he had not been in Worcester that day.

The defence barrister added the adjournment would also allow the prosecution time to investigate the matters raised.

Rachel Pennington, prosecuting, said the crown found themselves in a difficult position "given the lateness of the statement" agreeing they needed time to investigate.

The judge said: "The prosecution have been ambushed.

"Plainly the prosecution have been put in a very difficult position with a statement served at the last minute. For that reason alone I'm prepared to stand this trial out, even though this is the third listing.

"I'm not impressed these matters were not set down before."

The judge instructed court staff to write to the Bradford courts to see if they could tie the case with other related matters, as Capuvanno faces 17 counts which include alleged burglaries of commercial premises and other offences.

But, Judge Jackson said, if the Bradford courts did not take the case on as a back up Capuvanno's trial would be added to a warned list for Worcester Crown Court from October 4 - meaning the case could be called on at anytime in the fortnight after that date.

Asking Capuvanno to stand the judge said: "You will be in no doubt I'm unimpressed the defence statement was not served until yesterday afternoon.

"I will say nothing on that, I don't know what has been going on between you and your solicitors.

"I will ask for (court staff) to write to Bradford to ask for this case to be considered there.

"You will be remanded in custody."