THE man who walked free from court after a child internet sex case against him collapsed has been told to pay all his own defence costs.

The Honorary Recorder of York, Judge Paul Hoffman, told Steven Osbaldeston yesterday that he had brought the prosecution on himself through his own conduct, and also had the means to pay all the costs.

He also said it had been a proper case for the prosecution to bring to court, which had needed testing.

The Evening Press reported yesterday that Mr Osbaldeston, 47, of Farmers Way, Copmanthorpe, had denied four charges of attempting to incite a girl under 16 to commit acts of gross indecency with himself last year.

The case at York Crown Court collapsed on Monday at after the court heard that the young victim was not "Teasing Tanya" but a reporter working for the Sun newspaper, and defence barrister Edward Bindloss argued that it was impossible for an offence to have been committed as no child was involved.

Mr Bindloss, arguing for Mr Osbaldeston not to have to meet the costs, said West Yorkshire and Humberside Police had both refused to prosecute before North Yorkshire Police had eventually taken action against his client.

He indicated that had a trial gone ahead, Mr Osbaldeston's case would have been that his internet messages were merely sexually explicit fantasy play, and that they were not going to a girl under 16. But Judge Hoffman said a jury "wouldn't have believed a word of it, and neither do I".

Updated: 10:38 Wednesday, July 14, 2004