The man without the dragon tattoo: appeal successful

A DRAGON tattoo on a man's right leg stood out clearly in torch light when Ipswich neighbours spotted him loitering in their yards.

Police used it and other identifying evidence to link a man to the crime and charge Colin Scott Hendrey with trespass, except they got the wrong guy.

"I don't have (a dragon tattoo)," Mr Hendrey told an Ipswich Judge at an appeal hearing this month.

It was part of the gap in police evidence which helped him appeal a conviction and prison sentence and walk free.

Judge Alexander Horneman-Wren ordered Mr Hendrey was not guilty of the charge and his four-month prison sentence be dismissed.

Mr Hendrey was found guilty at a hearing in Ipswich Magistrates Court in March last year after police said he was the person two witnesses saw running through private properties.

Two people told police they saw the tattoo when they confronted the man trespassing in East Ipswich in November 2015.

"I didn't get a good look at his face. But I realised I knew the clothes he was wearing," one of the witnesses told the court.

"They were denim jeans. He had white socks on, shoes, a red hoodie jumper."

He told the court he saw a man wearing distinct clothes hiding in some bamboo in his yard and then he jumped up and ran off when he shone a torch on him.

He told the court he shone a flashlight from 10 to 12m onto the person he saw in his yard and he said he was "pretty sure that there was a dragon on his leg".

The second witness told the court she saw "maybe a dragon" on the man's leg.

The court heard both the witnesses were shown photo boards but only one of them identified Mr Hendrey and the second witness chose "someone else entirely".

Judge Horneman-Wren ordered the prosecution did not establish the identification of (Mr Hendrey) beyond reasonable doubt and found the magistrate failed to properly consider all the identification evidence.

Judge Horneman-Wren ordered a verdict of not guilty be entered.

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