A COURT has heard how a man due to be sentenced for a burglary in Thornbury was released from prison ‘in error’.

Martyn Kay, of no fixed address, had pleaded guilty to three charges – of burglary, attempted burglary and theft from a motor vehicle – after his arrest at Thornbury Library on February 8.

He was due to appear at Bristol Crown Court this morning (Thursday, May 5) for a sentencing hearing.

But, the court heard Kay, 37, had been released on conditional bail from HMP Bristol in Horfield without the court’s knowledge.

Defending, Tabby Macfarlane said: “I phoned the prison this morning. It seems he has been released on that conditional bail.

“So we are no further forward.”

Ms Macfarlane said Kay had been granted ‘technical bail’ (baill granted to a defendant who is in custody for another matter) by magistrates for a separate charge of common assault charge in April.

She said that information had been relayed to the prison and he had been released on bail for that charge but should have remained in custody for the other three charges of burglary, attempted burglary and theft.

Kay did not attend court today and a warrant for his arrest has been re-issued.

Judge Michael Longman said: “Technical bail is all very well as long as something is keeping him in custody.

“It is time that warrant is executed so we can make progress.”

He said Kay’s unknown whereabouts would not help his case.

“On the one hand he seems to be demonstrating a wish to wipe the slate clean and on the other hand he is not giving anybody the chance to do that,” said Mr Longman.

“He has obviously helped them (the police) given his genuine admissions but this speaks for itself.”

The burglary, attempted burglary and theft from a vehicle took place in January and February in Thornbury and Alveston.

Anyone with any information on Kay’s whereabouts should contact police on 999 in an emergency or 101.