Judge slams 'farce' of Samurai sword case

But the handling of the case was slammed yesterday by a judge after it emerged a convicted criminal, who was stopped at the same time as Daniel Kelly in Manchester Road, Huddersfield, did not face charges even though he had apparently discarded a machete.

Judge Peter Benson had already adjourned the sentence hearing so he could get more information about the case and the sword Kelly was carrying.

But Louise Azmi, prosecuting, told Bradford Crown Court the sword, which had a 20-inch blade, had been destroyed since the incident last May and no photographs had been taken of it.

Following his arrest, Kelly said he had been taking the sword to

somebody for it to be cleaned.

His lawyer had previously indicated it was well-wrapped up at the time he was stopped but there was no information about that to put before the judge.

Judge Benson said there had been complete failure to respond to his previous directions and he expressed dismay the sword had seemingly been destroyed without a court order.

He said he had wanted to see what it had at least looked like and know whether it had been wrapped in any protective covering. But that had not been possible due to "a complete and utter farce of an investigation".

"It seems your co-accused, who was carrying a machete, was not proceeded against through sheer incompetence," Judge Benson told Kelly. The 23-year-old pleaded guilty to possessing a bladed-article in a public place.

Judge Benson said it was "quite startling", if not very concerning in the present climate, that somebody with a criminal record and carrying a machete is not proceeded against for it.

Kelly, of Tinderley Grove, Almondbury, Huddersfield, was given a 12-month community order.