A MAN who was suspected of dealing drugs has been allowed to walk free from court in York after prosecution mistakes.

Jordan Caple was convicted of possessing drugs but cleared of intending to supply it, because a key police expert was on holiday and prosecutors could not find a suitable stand-in.

York's top judge said Caple could have been jailed for five years, had prosecutors done their job properly.

The Recorder of York, Judge Paul Batty QC said Caple was “up to his neck in it”.

He said: “The prosecution did nothing to advance this case, a perfectly good case to answer for Caple of possession with intent to supply. Their lack of proper effort means that the case was not able to proceed.”

He told Caple: “You seem to be leading a charmed life. If you had been convicted of that [drug dealing] you would have gone to prison for five years."

Instead, he gave Caple an eight-month prison sentence suspended for two years on condition he does 20 days’ specified activities.

Caple, 29, of St Stephen's Square in Acomb, admitted possessing cocaine and heroin for his own use. He told police the 26g of cocaine and 3g of heroin found in his flat were for his own use only as he was an extremely heavy user of the drugs, and said he was not dealing in either drug.

He was charged with possession of both drugs with intent to supply them to other people. But on the day of his trial the CPS accepted pleas that they were for his own use because the prosecution was unable to show the jury evidence it said it had of him being a drug dealer.

His trial date had been set in the spring. The day before it was due to start, the prosecution applied for it to be adjourned on the grounds that a police expert on the value of drugs and interpreting text messages was on holiday and couldn’t give evidence.

The judge refused the application on the grounds other police officers could do the same and told the prosecution to find one. But on the day of the trial, none was available at court.

Austin Newman, prosecuting, said the drugs were found at Caple’s home which he shared with Ricky James Helstrip, 25, as were cannabis and amphetamine which Helstrip admitted possessing with intent to supply.

Helstrip, who was not charged in connection with the cocaine or heroin, was given a 16-month prison sentence, suspended for two years on condition he does 200 hours’ unpaid work, 12 months’ supervision and a rehabilitation programme.

Holly Betke for Caple did not give any mitigation and Chris Dunn, for Helstrip, said he had renounced drug taking and was working as a window cleaner.