because he "had nothing to wear''.

Colin Fubler, who is staying at the Salvation Army shelter, added the tee-shirts were right by the door of the English Sports Shop so he "just took them''.

Prosecutor Sgt. Rex Osborne said Fubler was caught on the morning of October 30 by the shop's assistant manager, who happened to be walking on Queen Street when he noticed a man carrying three tee-shirts exactly like those his store sold.

The manager became suspicious when he saw the tags were still on the shirts and Fubler was holding them up as if they were for sale and called the Police.

Fubler admitted the offence but denied he was selling the shirts.

"They were for me -- I had nothing to wear,'' he said.

Senior Magistrate the Wor. Will Francis fined him $150.