A MAN accused of mugging a woman as she walked to work before dawn has been cleared.

Richard Smith, 33, had gone on trial at York Crown Court, charged with mugging shopworker Natalie Reeson near the Monks Cross ASDA store.

The court had heard he and another man carried out the attack early in the morning on January 18 last year.

But Smith, of Outgang Lane Caravan Site, York, denied robbery and was cleared by a jury yesterday.

The jury who tried and acquitted Richard Smith, 33, had been scheduled to try his brother Rebbie, 26, as well, but that case was thrown out before the trial began.

The original prosecution case had been that the younger brother pulled a bag off Ms Reeson’s shoulder and took £30 from her purse, while the older brother punched her three times in the face as she tried to stop him.

But shortly before the jury was sworn in, Recorder David Bradshaw threw out the case against Rebbie Smith and Richard Smith stood trial alone.

Taryn Turner, for Rebbie Smith, said police had released him without charge on the day they charged Richard Smith, only for Rebbie Smith to go straight back to Fulford Road Police Station and tell a police staff member he was solely responsible for the robbery on January 18.

The court was told he said: “That’s all I’m saying,” and then remained silent.

After hearing from psychologist Eric Wright that Rebbie Smith had an IQ of 69 and may have been unaware of the consequences of his confession, Recorder Bradshaw threw out the case against him.

“It is unusual in any situation to be told you are free to go – then say you did it,” he told Rebbie Smith. “I have come to the conclusion I should withdraw this case.”

Mrs Turner said it was an unconvincing confession.

Another brother, Thomas Smith, told the jury Richard Smith had been asleep beside him in the family caravan at Monks Cross at the time Miss Reeson was robbed as she walked to work at ASDA.

The jury was not told about Rebbie Smith’s confession or that he had been charged. Thomas Smith told them the younger brother had also slept the night of January 17 and 18 last year with the other two.