THE eyes of the world were focused on a North-East court yesterday as the trial began of the market trader who has become a symbol of the battle against the creeping powers of Brussels.

The Wall Street Journal, the Washington Post, the Los Angeles Times, CBS, CNN and European television crews, strained to hear as greengrocer Steven Thoburn entered the dock at Sunderland.

Outside a group of banana- waving protestors shouted support and passing drivers sounded their car horns for the 36-year-old market trader, whose case has become an international test case.

Mr Thoburn is accused of contravening Section 11 (ii) of the 1985 Weights and Measures Act, for allegedly selling a pound of bananas using imperial scales rather than metric.

His supporters say the case goes much further than a market trader who refuses to move with the times. They believe the trial will become a constitutional landmark by showing whether Britain is ruled by Westminster or Brussels.

The case, being heard by District Judge John Morgan, hinges on which law should take precedence - British or European.

The original 1985 Act gave traders such as Mr Thoburn the right to sell their fruit 'n veg in metric or imperial measures. But amendments to the legislation, that came into force last year following a European directive, made it illegal to sell anything in imperial.

The case has attracted international interest and Mr Thoburn has garnered a celebrity following, including Clive Anderson, Sir Tim Rice, JK Rowling, Sir Ranulph Fiennes, Sir Patrick Moore and Jilly Cooper.

The surreal events became even stranger when a power cut halted proceedings at Sunderland magistrates court.

Mr Thoburn, his small army of banana waving supporters, the international press corps, and some of the country's top legal brains had to walk to the city's council chambers for the hearing. Mr Thoburn pleaded not guilty to two charges of selling goods using scales which had not been passed by trading standards officers.

Trading standards officers seized Mr Thoburn's scales from his market stall in Southwick, Sunderland, after he ignored warnings not to flout EU regulations which say goods must be sold in metric units.

Prosecutor Eleanor Sharpston said: "This case is not about prosecuting Mr Thoburn for selling a pound of bananas, it is about Mr Thoburn using the scales for weighing goods which had been not approved by weights and measures authorities."

Neither was it, she said, about forcing Mr Thoburn to have equipment that measured only metric measures, or about imposing the will of Brussels by by-passing Parliament.

Instead, it was about upholding the law of the land, protecting the public and promoting fair competition, she said.

Michael Shrimpton, defending, said the 1985 Act took precedence over any European regulations and until Parliament introduced a new Act to replace the old one, Mr Thoburn's actions remained legal.

He said: "No one with any concern in this country for the rule of law can other than be concerned at a state of affairs whereby a greengrocer should be subjected to the coercive action of the state for the sale of fruit and vegetables from his stall honestly to customers in pounds and ounces.

"The fundamental principle of the British constitution is that no parliament may bind its successor.

"The rule of law in this country always takes precedent over European legislation."

Mr Shrimpton added: "If we are right, it may mean that every garage in this country may sell petrol by the gallon, every supermarket may sell pre-packaged goods in imperial measures."

If Sunderland Council loses the battle, local authorities across the country could face claims running into millions of pounds from about 100,000 traders forced to pay around £300 each for metric scales.

The case is expected to conclude tomorrow.