A CIGARETTES smuggler jailed for two years after admitting evading £400,000-worth of duty yesterday failed to get his convictions overturned.

Stephen Christopher Makin wanted to withdraw his guilty pleas, because on the day after he entered the pleas the case was dropped against his two co-accused, without any reason being given in public.

London's Criminal Appeal Court yesterday dismissed his challenge.

But Lord Justice Hooper, sitting with Mr Justice Leveson and Judge Michael Mettyear, said the prosecution should have given an explanation as to why the case was dropped against the others.

Makin, 45, of Scafell Gardens, Lobley Hill, Gateshead, was jailed at Newcastle Crown Court in May last year, after pleading guilty to two counts of being knowingly concerned in the fraudulent evasion of duty charged on cigarettes in 2001. During his appeal it was revealed that the case against two co-accused was dropped because a prosecution witness could not be relied upon.

Lord Justice Hooper said Customs and Excise officers entered a warehouse in Leadgate, County Durham, in October 2001 where they found Makin and the two co-accused climbing through the roof of a trailer where 392,800 cigarettes were hidden.

Lord Justice Hooper rejected a claim that the Crown Court judge ought to have allowed Makin to withdraw his guilty plea.