A CRIMINAL who was locked up for contempt of court after telling a judge to shut up, then was thrown out of his own appeal for asking for a sandwich, has had his conviction quashed by top judges.

Henry McGrath, 57, pictured, of no fixed abode, was jailed for contempt by Judge Patrick Eccles in January after outbursts at Oxford Crown Court.

Last month, he was back in court, but did not last long before appeal judge, Lord Justice Treacy, grew tired of his interruptions and ordered that he be taken away and sit out the appeal in a cell.

But after taking two weeks on the case, the judge returned to the Court of Appeal in London and quashed his original contempt of court conviction on technical grounds.

The judge said the notice intended to inform McGrath that the proceedings missed out some necessary details.

Twice when faced with proceedings he had refused to come out of his cell and so was not served with the proper papers.

However, McGrath remains in prison serving a four-year sentence for dishonesty.