A MAN who burgled his former girlfriend's flat shortly after they split up failed in his attempt to have his conviction overturned yesterday.

Donald Murphy, 34, of Raydale, Hemlington, Middlesbrough, was jailed for three years at Teesside Crown Court in July last year after being convicted of burglary and intimidating a witness.

Mr Justice Henriques, sitting at London's Appeal Court with Lord Justice Scott Baker and Judge Tom Crowther, yesterday dismissed arguments that Murphy's conviction was unsafe.

The judge said Murphy's relationship with his girlfriend had broken down in December 2001, and a few days later, she returned to her flat to find the intruder alarm had been switched off.

An examination of the flat revealed that £100 had been stolen. An empty cider bottle was found on a window sill.

When the police were called, Murphy made three phone calls suggesting she get rid of the officers.

During the next few weeks, Murphy made 15 silent phone calls to his ex-girlfriend, later saying he had inadvertently pressed the redial button on his mobile phone while asleep.

In a written submission to the court, Murphy said the conviction was unsafe because his barrister at trial was "not fully aware of the case and had only been appointed at the last minute".

Refusing permission to appeal, Mr Justice Henriques said there was nothing whatsoever in Murphy's arguments.