A BURGLAR from Thornbury has once again avoided sentencing after he was "too ill" to be brought up from the cells at court.

Martyn Kay, 37, was finally due to be sentenced at Bristol Crown Court yesterday, Wednesday, after he had been released "in error" from HMP Bristol and went on the run.

Kay, of no fixed address, then failed to turn up to court last week and a warrant for his arrest was issued.

He was discovered in Thornbury on Tuesday this week and arrested, with officers having to use CS spray to subdue him.

Kay had previously pleaded guilty to three charges – of burglary, attempted burglary and theft from a motor vehicle, all in Thornbury and Alveston – after he was initially arrested at Thornbury Library on February 8.

He was due to appear at crown court on May 5 for a sentencing hearing, but the judge heard he had been released on conditional bail from HMP Bristol in Horfield without the court’s knowledge.

At the time, Tabby Macfarlane, defending Kay, said: “I phoned the prison this morning. It seems that he has been released on conditional bail. So we are no further forward.”

Ms Macfarlane said Kay had been granted "technical bail" – for defendants who are in custody for another matter – by magistrates for a separate charge of common assault 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 offences of burglary, attempted burglary and theft.

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

“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 Judge Longman, on Kay’s unknown whereabouts. “He has obviously helped [the police] given his genuine admissions but this speaks for itself.”

Police in Thornbury were alerted to Kay’s whereabouts after receiving reports throughout the afternoon on Tuesday from members of the public.

He was apprehended at 3.45pm on Combermere where there was a heavy police presence.

Yesterday’s sentencing hearing heard that Kay had been brought to court from prison but he was too unwell to appear in the courtroom.

He was remanded in custody and the case was adjourned until next Wednesday, May 18.