A PRANK with a children’s toy pistol back-fired as it could land the man responsible behind bars.

Lee Martin Smith thought it would be funny to scare a bus driver friend he believed he spotted at the wheel of a service vehicle at a busy town centre junction.

Durham Crown Court heard that while both vehicles were waiting at traffic lights in South Burns, alongside the market area in Chester-le-Street, Smith got out of the front passenger seat of a Volkswagen Golf car.

Holding what appeared to be an old fashioned pistol, Smith pointed it towards the driver’s cab area, at the man he believed to be his friend.

But, Chris Baker, prosecuting, said it was not the man that Smith mistakenly thought to have been in the cab, and the incident was reported to police by the shaken driver, who failed to appreciate the ‘joke’.

Following inquiries, Smith was traced and it emerged the ‘weapon’ was a children’s toy, a replica of a pirate’s flintlock-type pistol.

Appearing at court for a plea and trial preparation hearing in the case, 32-year-old Smith, of Garside Avenue, at Birtley, near Chester-le-Street, admitted a charge of possessing an imitation firearm with intent to cause a fear of violence, arising from the incident at 4.50pm on Saturday November 19.

Defence counsel Stephen Duffield said: “This was a stupid prank that went badly wrong.

“He said he thought the bus driver was a friend of his, so he got out of the car and pointed the toy gun at him.”

Asked by Judge Christopher Prince, Mr Duffield said the defendant gave police the name of the man he believed to have been driving.

Mr Baker said the friend was traced and it emerged he is a bus driver.

Images of both the actual driver and the acquaintance were submitted as part of the case file, to enable comparisons to be made.

The judge asked for a statement to be taken from the defendant’s friend to see if he believed Smith was the type of person to play a practical joke or if he had previously done so.

Adjourning the case for those inquiries to be made, Judge Prince also asked for preparation of a background report on Smith by the Probation Service.

“This is extraordinary behaviour against a public servant, driving a bus.

“The fact I’m adjourning is no indication as to the sentence you will receive.”

Smith was bailed on condition he does not contact the friend prior to the sentencing hearing, on September 15.