A homeless man charged with trespassing in Astwood Park was given an absolute discharge in Magistrates' Court yesterday.

Colin Brown, 56, of no fixed abode, was found by Police locked in one of the bathrooms at the park on April 5 and was arrested.

Yesterday his lawyer, Llewellyn Peniston said the charge was baseless and the court proceedings were just a waste of taxpayer's money.

After the hearing he said: "It was an utter waste of money to bring a matter like that to court. We have completely lost our focus on what the purpose of the court is."

According to prosecution, Police had previously sent Mr. Brown a letter warning him about trespassing and on April 5 they were contacted about Mr. Brown in Astwood Park.

When the Police arrived they noticed one of the bathrooms was occupied and when they could not open the door they called to the person inside.

Eventually Mr. Brown responded that he was putting on his clothes and would be out in a minute. Police then asked Mr. Brown if he had received the letter forbidding his trespassing in Astwood Park. Mr. Brown said he had nowhere to live. He was arrested and detained by Police.

Yesterday Senior Magistrate Archibald Warner questioned the ability to charge Mr. Brown with trespassing in this case and whether it was fair.

He said: "I cannot think of a place more appropriate to sleep if you have got nowhere else to sleep. I don't want to be seen encouraging them to break the law.

"I'm just wondering if this is the way to deal with it. I will give an absolute discharge. I think that's an appropriate sentence, but the Crown can always appeal. I challenge them to appeal."