A REMAND prisoner facing two allegations of burglary will be tried in his absence if he fails to turn up at court for the next hearing of the case.
Judge Richard Lowden gave the warning after 25-year-old Thomas Adey failed to be produced for a scheduled hearing at Durham Crown Court yesterday.
The court heard that he refused to leave his cell at nearby Durham Prison in a row over what type of clothing he was allowed to wear.
His barrister, Chris Morrison, told the court: "I am told that he has had some form of dispute with the prison staff, who wanted him to wear clothing of some type and he's refusing.
"He's in his cell and refusing to come out, but I have no direct line of communication to him to try to persuade him to do otherwise.
"We will write to him to impress on him the foolishness of not attending court."
Judge Lowden said: "He'll be tried in his absence if he maintains this, and the more aggravation he causes to the court means he will lose mitigation."
Euan Duff, for the prosecution, said: "If he doesn't come next time, we will have to fix a date and time to try him in his absence."
Adjourning the case until January 4, Judge Lowden added: "As he voluntarily absents himself, I will remand him in custody until the next hearing."
Mr Adey, of Ewehill Terrace, Fencehouses, near Chester-le-Street, is charged with two counts of burglary.
The first is alleged to have taken place in Low Pittington, near Durham, on August 18, with the second in Brancepeth Avenue, Fencehouses.
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