Court error sees drunk banned from being sober in public (From Western Telegraph)

Court error sees drunk banned from being sober in public

A drunk who flouted his drinking ban has escaped punishment - because of a grammatical blunder.

Stephen Winstone was given an anti-social behaviour order (ASBO) after notching up a series of drunk and disorderly convictions in Pembrokeshire.

But he was in trouble with the law again when he was involved in a drunken disturbance at a caravan park in Weymouth, Dorset.

The 38-year-old was arrested and charged with using threatening words or behaviour, which he admitted.

But he couldn't be charged with breaching the ASBO, because of a double-negative error written into the order.

When officials at Haverfordwest magistrates court drew up the two-year order, they stated Winstone was prohibited from NOT being drunk in a public place.

If taken literally, the order meant that traveller Winstone was allowed to drink in public and would be arrested if he was caught sober.

Frustrated magistrate Colin Weston told Winstone at Weymouth magistrates court: "It is fortunate for you that the ASBO has been badly written because otherwise we would have been looking to sentence you to prison for up to a couple of years."

Winstone, formerly from Haverfordwest, was served with the anti-social behaviour order in March 2004.

He later moved to Aberporth, and was in Weymouth when he got into trouble again.

Gavin Foster, prosecuting, said Winstone had been stopped by security guards who found him knocking on doors and disturbing occupants.

When the police were called, Winstone, who has had an arm amputated, swore and shouted at them for 'handcuffing a disabled man'.

A Haverfordwest magistrates court spokesman said they had not been made aware of the grammatical error.

But she added that the order only restricted Winstone from drinking in public in Pembrokeshire and nowhere else in the country.