A SERIAL thief who raided a Penketh supermarket and attempted a violent escape has avoided a jail sentence because of a court system blunder.

Simon Birds, aged 33, had been before the courts three times for other offences since being caught shoplifting over a year ago at Somerfield in Warrington Road.

But because Birds had spent so much time in prison on remand for these crimes and a discontinued robbery charge, a judge was unable to give him the 12-month sentence he said he deserved.

Judge Stephen Clarke told Warrington Crown Court: "I can't find any reason which is blindingly obvious why this matter took so long to come to this court.

"He was arrested on August 25, 2006 and the first this court hears about it is July 30, 2007 and in between he makes three other court appearances with prison!"

"There is a saying: Justice delayed is justice denied'."

Oliver King, prosecuting, said Birds was arrested after staff spotted him on CCTV slipping a pair of two-litre bottles of vodka into his clothing and walking out.

Two employees pursued and caught Birds, who pretended to have a knife and began to struggle in front of terrified shoppers, smashing one of the bottles in the process.

Once restrained in the security office, Mr Birds asked for a glass of water but smashed it on the floor as a distraction and made for the door.

He then brandished a shard of glass, but brave staff managed to knock it out of his hand and restrain him until police arrived.

Birds, of Anfield, Liverpool, who has more than 100 convictions for theft and driving offences, was given a six-month prison sentence, suspended for two years, and an 18-month community order with a supervision requirement.

Judge Clarke praised the Somerfield staff, saying they were commendably professional when subjected to totally unacceptable behaviour'.