English grocer on trial - for refusing to weigh bananas in kilos

Dubbed the "Metric Martyr" by the tabloid press Tuesday, Steven Thoburn of Sunderland, England, is embroiled in a test case that could affect tens of thousands of shopkeepers throughout Britain.

Thoburn, 36, a father of two, faces a criminal record and a 3,000- dollar fine for refusing to convert his scales from pounds and ounces to metric measures, as required by a Brussels directive adopted by Britain. The Daily Telegraph reported Tuesday his supporters have raised funds to fight the case, which could go all the way to the House of Lords.

Alan Duncan, the Tory trade and industry spokesman, was expected to travel to Sunderland Tuesday to throw his party's support behind Thoburn, The Telegraph reported. Thoburn's stand has also attracted the support of celebrities, including the "Harry Potter" author J K Rowling, famed astronomer Sir Patrick Moore, actor Sir Ranulph Fiennes and West End musical empressario Sir Tim Rice.

In a case closely followed by campaigners against closer European integration, Eleanor Sharpston, lawyer for Sunderland city council, said that Thoburn was being prosecuted to protect the public and "enforce a valid Act of Parliament", The Telegraph said. To an outburst of laughter from the crowded public gallery, Sharpston told Sunderland magistrates: "We say this case is about avoiding consumer confusion by avoiding the situation that apples priced in Sainsbury's in metric, where a housewife with two kids in tow has to do mental arithmetic to work out the price of the apples on the shelf, are cheaper than those sold on Thoburn's stall."

Defence lawyer Michael Shrimpton argued: "There is no evidence of deceit or dishonesty in the conduct of this man. He is a man of some courage who has stood his ground in the face of criminal prosecution. "He is just an ordinary greengrocer who wants to go about his business of serving customers in the way they want to be served. He was not simply serving bananas by the pound; in fact he was shouting it from his stall. His conduct was open. At no time was it necessary for an undercover purchase to be made."

The battle began after it became illegal for shopkeepers to sell loose goods, such as fresh fruit and vegetables, in pounds and ounces from December 31, 1999. In February last year a trading standards officer visited Thoburn's stall in Sunderland's Southwick Market and told him that two of his scales weighing only in imperial measurements were illegal.

(la/dpa)