from court on Monday after a Magistrate ruled the offence the defendant was charged with had not been completed.

Magistrate Edward King told Sinclair Fox, 48, of the Salvation Army Shelter, Pembroke that he had been charged with stealing the chains, worth a total of $40.

But he added: "I have a duty to do justice where no offence had been committed.

"I find that the offence charged cannot stand -- it was not completed.

"I find the defendant not guilty. Unless I have something else against him, he is free to go.'' Earlier, Magistrates' Court heard that Fox was was seen by security men in A.S. Cooper's last Friday picking picking up items from the jewellery department and clenching them in his fist.

The court heard the accused was stopped and detained by store security after he passed cashiers. He was held until Police arrived.

Defence counsel Sonia Grant pointed out that Fox had not left the store before he was stopped by security staff and could have been prepared to pay for the goods before he left.

Mr. King agreed and said there was not enough evidence to convict Fox of theft.

He added that he had put firewood on the chassis of his shopping trolley in a supermarket just before Christmas and forgot about it.

He said: "I paid for my groceries and the young lady put them in the trolley and she started to push them -- my wife said to me `Have you paid for the wood?.' "I went back and paid for the wood. I had not gone out the door. If I had, they would have had the Magistrate for stealing because he was leaving the premises with goods for which he had not paid.'' Prosecutor Sgt. Phil Taylor pointed out that Fox was found to have no money on him.

But Mr. King told Fox he could go free -- and warned him: "The next time you go into a store, make sure you don't have this embarrassment. Do not pass the cashier unless you have paid for the goods.''