Appeal judges decide to let sleeping dogs lie

LONDON - The judge at the trial of a gang jailed for plotting to steal £200 million ($545.6 million) in diamonds from the Millennium Dome has admitted dozing off during the case, but denies snoring loudly.

Despite the confession by Judge Michael Coombe, the Court of Appeal rejected yesterday the lapse of consciousness as a valid reason to overturn the original robbery convictions.

Five men were jailed at the Old Bailey in February 2002 for the failed heist, which would have been the biggest robbery in United Kingdom history if the gang had pulled it off.

The ringleaders, Raymond Betson, 41, and William Cockran, 50, were each sentenced to 18 years for plotting to steal the diamonds in November 2000.

The pair cited Coombe's behaviour during the summing up of their defence as one of their main grounds for appealing against their convictions.

Lord Justice Rose, one of the three appeal court judges hearing the case, said yesterday: "The judge very frankly admits he was asleep. It doesn't matter whether he was snoring or not. If he was dozing off, he wasn't paying the attention he ought to have been.

"The question we have to address is whether it is arguable that, in consequence, these convictions were unsafe."

One of the witnesses to the judge's sleepy behaviour, journalist Tamsen Vian-Courtenay, recalled seeing his head "fall so far forward as to be almost touching the table".

Her statement said she heard sounds she thought were snoring and, on occasions, the judge seemed to wake up with a start.

- INDEPENDENT