A phone box thief who claimed hundreds of 10p and 20p pieces found in his pockets were from his piggy bank failed to have his conviction overturned.

But Norbert Kutz, of Grange Road, Billericay, was told by three judges at London's Court of Appeal he could have his fine of £10,000 reduced.

The 59-year-old had been found guilty of going equipped for theft and was also ordered to pay £3,763 prosecution costs after the original hearing at Snaresbrook Crown Court.

Mr Justice Field said it was arguable the fine was "excessive", but added: "We grant leave to appeal but, if Kutz pursues the appeal and is unsuccessful, he may be faced with an order for costs involved."

The judge told how Kutz was spotted at Romford rail station on August 11, 2000, acting suspiciously around phone boxes.

Kutz told police two metal objects, which could be used to "block" phones, were for cleaning his ears. Officers discovered £47 in 10p and 20p pieces - but Kutz said they were zfrom his piggy bank.

In dismissing his appeal against conviction, Mr Justice Field said all Kutz's new arguments amounted to what was a "rehash" of the case put to the original jury.

Kutz was granted leave to appeal against the fine.

Published Wednesday, March 20, 2002