A DRUNKEN judge who was arrested by police in a late night kebab shop said their behaviour would "cost them £5,000" as they marched him away, a court heard yesterday.

Deputy District Judge David Messenger, 49, was arrested at a takeaway in Scarborough, North Yorkshire, on May 2 and spent the night banging on his cell door, refusing to co-operate with officers and eventually damaging a cell call button, magistrates in Selby were told.

The court heard that Mr Messenger was arrested at the Best Kebab Shop, in St Thomas's Street, after he intervened in an incident police were trying to sort out in the kitchen.

The magistrates were told that as the officers were taking him from the building, he shouted to passers-by: "Tell them I'm a solicitor and a County Court judge."

Richard Newbury, prosecuting, said the officers decided to arrest Mr Messenger because he was making the situation worse and had refused to leave on several occasions.

He said the officers were called to the original incident in the kitchen, which arose from a legal dispute between the shop's owner and three men.

Mr Newbury said the officers were calming the situation down when Mr Messenger appeared and said he was one of the men's solicitor.

He told the court that PC Patrick Miller believed Mr Messenger was heavily intoxicated.

Mr Newbury said that, for the most part, he simply stared at the officers with a fixed gaze, but at one point "squared up" to PC Miller, still saying nothing.

He said: ''The officers asked the man if he had any proof that he was a solicitor.

"Mr Messenger retorted 'what proof have you got that you are police officers', which rather went to confirm their assessment of him, as both officers were in full police uniform and had a fully marked police car outside the door."

When he arrived at the police station, he was abusive towards fellow detainees and began banging on his cell door, said Mr Newbury.

He said: ''When Messenger was asked if he wanted anyone to be informed of his arrest, his reply was this: 'The Chief Constable of North Yorkshire'."

Mr Messenger, of Valley Bridge Parade, Scarborough, denies being drunk and disorderly. He also denies two charges of wilfully obstructing police officers and another of causing £188 of damage to a cell call button.

The trial continues.