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By Court Reporter 08/08 Updated: 09/08 08:03
TWO men accused of burgling a Leamington house two years ago have been cleared - because witnesses who could possibly have identified them would not return from working in Ibiza to give evidence.
The prosecution in the case against Leon Lunn and James Cunningham chose to offer no evidence against the pair and discontinued the case, describing it as 'a rather old and stale matter'.
Lunn, 36, of no fixed address but previously of Cambridge Street, Rugby, and Cunningham, 42, of St Paul’s Square, Leamington, had pleaded not guilty to burgling a house in Warwick Place, Leamington, as long ago as August 2010.
And on the day they were due to stand trial, the two men were told the prosecution did not intend to continue with the case against them - meaning they were formally found not guilty.
Prosecutor David Swinnerton explained one of the man issues in the case was identification, with two of the witnesses said to have identified Lunn and Cunningham not available.
Mr Swinnerton said: "They are working in Ibiza and are reluctant to come back, even if we pay for the flights."
Previously, an earlier trial listed in March had been unable to go ahead because a police officer in the case was in Florida at the time.
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