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Bristol Post
Bristol Post
National
Geoffrey Bennett

Jailed house burglars' alibi dramatically backfires

An alibi for burglary backfired when police used it as evidence to help convict them.

The two suspected intruders had claimed to be in a bar on the night of the break-in.

Police who checked the bar's CCTV found they had been, and by their clothing also established it was them later on CCTV at the scene of the crime.

Daniel Mulholland, 26, and Benjamin Pothecary, 29, both of Haycombe Drive in Bath, pleaded guilty to burglary on September 28 last year.

'Distincitive' c

Judge Euan Ambrose jailed Mulholland, who also admitted aggravated vehicle taking, for three years.

He jailed Pothecary for 16 months.

The judge said the burglary was aggravated by being at night with the occupants at home and the theft of a passport.

Neil Treharne, prosecuting, said the men entered a student ground floor flat in Victoria Road, Bath, around 2am after spotting an open window.

They then helped themselves to items including some £300 cash, bank cards, an iPhone, laptop computer and passport.

Mr Treharne told Bristol Crown Court Mulholland gave an alibli to police saying he and Pothecary was at Mandalyns Bar, Bath, until 2am.

Police established their presence, and then established by their "distinctive" clothes that they were outside the burgled premises in the early hours.

Christopher Smyth, defending Pothecary, said the burglary was opportunistic rather than planned and his client had relapsed into drug use.

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