THOUSANDS of traders across the region could be affected by a landmark decision to prosecute a North-East greengrocer for refusing to sell goods in metric measures.

Steven Thoburn is being taken to court by Sunderland City Council because he sells his fruit and vegetables at his stall in Southwick Market in pounds and ounces rather than kilos and grams.

The prosecution could result in a fine of several thousand pounds, and map out the future for the use of old fashioned pounds and ounces in Britain.

Mr Thoburn's market stall was raided in July by police and trading standards officers, who confiscated his three sets of imperial scales in front of stunned shoppers.

The father-of-two was warned that he was breaking the law by failing to convert to metric and told he could be arrested for a breach of the peace when he objected.

Now if Sunderland council wins its case against him at the town's magistrates court it is likely to give the go-ahead to other local authorities to prosecute traders for refusing to convert to metric.

On the other hand if it loses, the floodgates could open for hundreds of thousands of traders forced to pay about £300 for metric scales to claim back the cost of installing the new equipment.

The scales he uses now can display prices in metric and imperial. Mr Thoburn, 36, said: "I'm prepared to be the person who tests the law on this matter because it's very important for my business and the country as a whole.

"I believe I will win and I hope that if we do it will pave the way for other people who want to use pounds and ounces to fight back."

Mr Thoburn has collected 5,000 signatures in support of his fight and has also launched a counter case against Sunderland council demanding the return of his old scales. He is being backed by the UK Independence Party, which claims that traders have a legal right to use imperial under the 1985 Weights and Measures Act.

Ken Wiper, of North-East solicitors Latimer Hinks, said: "This is probably the first prosecution of its kind which could have many implications.

"A precedent could be set, particularly if the courts say this man is entitled to sell his produce by the use of imperial weights and the case moves sufficiently high up the legal system where it is upheld."

Last night, support flooded in for Mr Thoburn from fellow market traders in the region. Robin Blair, vice-chairman of Darlington's Market Retail Stallholders Association, accused Sunderland council of being "heavy handed". He said: "It might take something like this to get this sorted out. We are very unhappy at having to convert to metric and the customer is also unhappy.

"Talk to any shopper, and a large percentage still want pounds and ounces."

Butcher David Crone, whose family have run a business in Darlington's indoor market for 24 years, said: "Most people don't understand how metric works."

Sunderland council said it had a statutory right to enforce weights and measures legislation passed by the Government. A spokesman said: "We have obtained advice from a leading QC by the Local Authorities Co-ordinating Body on Trading Standards which has confirmed that the laws relating to metrication are valid, and the council's barrister has confirmed the seizure of Mr Thoburn's scales was lawful.

"The vast majority of law- abiding traders have already gone to some expense buying new metric weighing equipment in accordance with the legislation."

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