The Court of Appeal has allowed a defendant to re-enter his plea at Magistrates’ Court after he claimed he entered a ‘guilty’ plea though a misunderstanding.

Roger Lightbourne, of Middle Terrace, Pembroke, pleaded guilty in February of last year to four counts of receiving stolen cycles between December 2005 and January 2006. He was arrested after Police noticed the bike he was riding was reported stolen.

Lightbourne, a father-of-three, claimed he did not realise the bikes were stolen, but was sentenced to two-and-a-half years at the Supreme Court.

On Monday, Court of Appeal justices granted his appeal, referring the case back to Magistrates.

Elizabeth Christopher, defending, said her client had been misdirected and misunderstood what was said at his original court hearing, believing he should plead guilty to receiving stolen goods. She claimed he did not have knowledge the goods were stolen.

“Because of what Mr. Caines (Crown counsel Wayne Caines) said to him he thought he should plead guilty. If he wasn’t aware of the issue, he wasn’t aware of the issue,” she said.

“All that matters is that Mr. Lightbourne set the flag off when he announced to the court he had a misunderstanding. All that matters is that he said something which should have set the trial judge to reconsider.

“The trial judge didn’t exercise his discretion at all and on that basis, then Mr. Lightbourne’s appeal should succeed.”

Ms Christopher said: “He did not understand, well and truly. He never appreciated that what he was talking about was the offence.”

Crown counsel Cindy Clarke said: “It is still a discretion of a judge to allow a defendant to change his plea. The applicant did indicate he did not have an understanding and as your court has pointed out, the application would have been read out to the applicant.

“It is unfortunate the judge did not ask as to whether as to no time does the applicant raise his wish to change his plea.”

President Justice Edward Zacca said: “The court will grant the extension of the appeal.”

Lightbourne was remanded in custody pending the referral of the case to the Magistrates’ Court, where he will re-enter his plea.