TWO police officers were sure that a burglar caught on CCTV was Kaine Emery, 23 - but the plaster cast on his arm at the time of the raid proved his innocence.

Home security cameras at the burgled house in Dursley showed a gang of three intruders in the property. The two officers who viewed the images were convinced they recognised Emery as one of the trio.

They arrested and charged him and yesterday his trial got under way at Gloucester Crown Court - but the charge was quickly thrown out when Emery was able to prove that he had his right arm in plaster at the time and the man in the CCTV did not. In fact the man who police said was Emery was clearly carrying a bag in his right hand.

Having viewed the CCTV and checked the medical records which showed Emery was in plaster at that time, Judge Ian Lawrie, QC, threw out the case and discharged the jury.

However, Emery still ended up going to jail for 21 months - for other, unrelated, offences which had admitted.

Emery, of Frederick Thomas Road, Dursley had pleaded not guilty to burgling the house in Cam Green on August 24, 2018.

The court heard that the householder, Nicola Pitt, was on holiday in Cornwall when she got a message on her smart phone informing her that an intruder had entered the property on August 24, 2018.

In her statement to the police she said: “I had a home security alert on my phone and at 3.36am it informed me that the kitchen lights had been activated. Another message stated that they had been turned off at 4.11am.

“At 6.15am I phoned my neighbour who confirmed that the garage door had been forced open and that a window in the house had been broken.

“We were due to leave Cornwall that day anyway and left immediately. I arranged to meet the police at the house at 1pm.

“I walked in via the back door and realised that every room in the house had been searched.”

Her CCTV system was checked and showed three men searching the property.

A large quantity of jewellery was stolen including necklaces, brooches and bangles, along with a set of car keys.

The CCTV footage was given to the police and circulated amongst the force’s officers.

Police Community Support Officer Mark Lifton, based in Dursley, said: “I watched the short clip a number of times and noticed the posture and the browline of one man, Emery, who I had spoken to about four days earlier.”

Sarah Jenkins, defending, suggested to the officer, however, that Emery's 'face looks fuller and he has a side parting as opposed to the man in the home security images.'

PCSO Lifton responded: “I could be mistaken.”

PC James Coll, based at Stroud police station, said that when he viewed the CCTV he "immediately recognised Emery. I had met him a number of times over the course of five years.”

Mrs Jenkins pointed out that his facial features were not clear in the video clip.

PC Coll responded: “He has quite a distinctive face and I recognised him straight away. I am absolutely confident that the man in the video is Emery.”

The jury panel was then given details of a medical report from Gloucestershire Royal Hospital, dated August 20, 2018 - four days before the burglary - which revealed that Emery had undergone surgery to correct the dislocation of two fingers on his right hand.

The surgery required K-pins to be inserted and a plaster cast fitted from his knuckles to his elbow. The hospital report said the cast was not removed until September 26, 2018.

In his police interview Emery said he had damaged his hand by punching a wall and had since then been staying at his grandmother’s house as he could not look after himself because of his condition.

Mrs Jenkins pointed out to judge and jury that the man in the CCTV video did not have a plaster cast and was holding a carrier bag in his right hand in the video.

The case then collapsed and the jury panel of eight women and four men were discharged by the judge.

However Emery was jailed for breaching the terms of a suspended sentence order and sending threatening text messages.

He had received a 22-month suspended sentence on March 3 this year for an offence of assault occasioning grievous bodily harm.

Judge Lawrie QC added that Emery shouldn’t go around sending offensive messages and this offence has to be added to the breach of a suspended sentence and his failure to comply with probation.

The judge sentenced Emery to a jail term of 21-months and imposed a victim surcharge of £122.

He also imposed a five-year restraining order for him not to contact the woman he had threatened.