Do my eyes decieve me?...

No indeed not. It would appear there is perhaps one remaining judge in this country still in possession of a modest degree of common sense and fairness. Believe it or not.....

A disabled pensioner has been spared the "indignity" of going on trial for possessing a fake gun and using it to scare a teenager who threatened him at home. Michael Shaw, 67, who needs a disability scooter to get around, bought an imitation handgun off the internet after he was verbally abused and harassed by youths in the street.

He pulled it out after one of them followed him back to his house, but it was Mr Shaw that was questioned by police and facing charges after the teenagers reported the incident. However, a judge slammed the decision to bring charges saying the whole affair made the “law look rather silly.”

Mr Shaw had been due to go on trial at Derby Crown Court today after denying a charge of possession of a firearm with intent, but prosecutors decided to drop the case. Prosecutor Mark Achurch said: “Because of his ill health and the need for emergency treatment, Mr Shaw is unable to attend the hearing today.

“The Crown having reviewed the case as a whole, and as the result of a report filed by the defence very recently, accordingly offer a not guilty verdict.” At an earlier hearing in February, also at Derby Crown Court, Judge Andrew Hamilton criticised the decision to prosecute Mr Shaw. He said: "What are we trying to achieve here – a man of ill health with poor sight and mobility problems?

"There comes a point when using the law in this way makes the law look rather silly." But Mr Achurch said the CPS did want to proceed given the "current climate" surrounding the possession of firearms.

Judge Hamilton replied: "We must prosecute a 67-year-old man as a matter of principle must we?"

Mr Shaw, from Ironville, Nottingham, was visibly shaken and using a walking stick, and he had to be helped into the court by a friend. Afterwards, he had a minor heart problem and received medical assistance from court staff and a paramedic.

A trial was then fixed to happen today after Judge Hamilton said he wanted the hearing to be as soon as possible adding: "It's not fair. He should not have to put up with this indignity any longer."

Mr Achurch requested a video-link for the teenagers – normal procedure when young people give evidence.

However, Judge Hamilton said: "I'm not going to grant them video link – they can come to court and face this man." According to police statements, Mr Shaw said he had noticed the group of youths hanging around a street near his home, who then followed him shouting abuse.

He arrived home and went into his garage on his mobility scooter to pick up the imitation firearm to scare them off. However, he returned to find they had left. The four youths, who cannot be named for legal reasons, claimed Mr Shaw was dressed in a cowboy hat, snakeskin boots and smelt of alcohol.

They alleged that he had a problem with his scooter and they assisted him in getting home. But once there, they said he went into his garage pulled out a brown-handled revolver and said to one of them "just the right distance". The boys said they ran off hiding behind cars and houses fearing it was a real weapon.

Mr Shaw was later arrested at his home the imitation firearm was recovered and charges were later brought. Mr Shaw was too ill to attend today's hearing as he is recovering in hospital from treatment.

After the case, the CPS said they had dropped the charges in light of the judge's comments during the previous hearing, and based on a file from a defence expert who had examined Mr Shaw's scooter after the youths said it had broken down.

Well done Judge Hamilton. If only we still had more like you. Just don't go letting us down will you old chap...

Pip pip on behalf of the Colonel by your guest correspondent.