THE colour-coordinated racks of fruit and vegetables in greengrocer Steve Thoburn's market stall present an unlikely frontline for a legal battle of constitutional importance.

But defiantly displayed signs advertising the wares in imperial pounds and ounces have placed the stall, at Sunderland's Southwick Market, at the heart of a heavyweight legal tussle.

In a three-day trial, opening on Monday, the city's magistrates will be asked to place opposing arguments on to the scales of justice.

The first person to be prosecuted under the new metric regulations that came into effect on January 1 last year, Mr Thoburn's brush with Sunderland City Council's trading standards officers has been elevated to a test case by those defending Britain's imperial measurements.

The facts of the case are not in dispute.

Having been told several weeks earlier by "finger-wagging" trading standards officers, that his scales infringed regulations by measuring in pounds rather than kilos, an undercover agent swooped.

A pound of bananas was bought for 34p and Mr Thoburn landed in a tonne of trouble.

The operation was swiftly followed by a visit by two trading standards officers, accompanied by police, who seized three sets of imperial scales from Mr Thoburn's shop.

Within days, the nation's Press was beating its way to Mr Thoburn's doors as his case was taken up the UK Independence Party and British Weights and Measures Association - which counts Clive Anderson, Sir Ranulph Fiennes, J K (Harry Potter) Rowling and astronomer Sir Patrick Moore among its supporters.

And they have rolled out their big guns in the form of constitutional barrister Michael Shrimpton, who says the argument goes to the heart of the debate about whether Britain is ruled by Westminster or Brussels.

He contends that the 1994 Units of Measurement Regulations, intended to make Britain compliant with the EU's directives, are only secondary legislation.

"Therefore," he says, "they cannot overrule the primary legalisation of an act of parliament, such as the 1985 Weights and Measures Act."

And, since that Act expressly gives traders the right to continue to use imperial measurements if they wish, trading standards officers have no legal basis for insisting on metrification.

With an ICM poll conducted last month finding 91 per cent of people opposed to the prosecution, campaigners believe the court case could inflame anti-European sentiment, just as the Government faces a General Election.

Yesterday, sources close to Tory leader William Hague said the Tories were expecting to announce next week a change in policy seeking the derogation of the directive, which has led to Mr Thoburn's trial.

Mr Thoburn, 36, who faces a £5,000 fine and six months imprisonment if found guilty, has, along with fishmonger Neil Herron, been branded a Metric Martyr by supporters.

Mr Thoburn said last night: "I am nervous and apprehensive. This has taken its toll on me and on my marriage.

"I just want to get it all out of the way, so I can get back to work.

"I have nothing against metric measurements and, if anyone asked for it, I would be obliged to serve it. But I have yet to be asked for anything in metric measurements.

"All I have ever wanted to do is serve my customers the way they want to be served."

Whatever Sunderland magistrates rule, the case will be subject to an appeal and could go all the way to the House of Lords or even to the European Court of Justice.

It is a battle which could cost hundreds of thousands of pounds - all for the sake of one pound of bananas.

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