THE prosecution of the so-called "metric martyr" over markings on his scales could cost taxpayers nearly £100,000.

Sunderland City Council has confirmed it will apply to the Government to pay the £96,000 it cost to take trader Steven Thoburn to court.

It brought the case in April last year over markings on scales which could only measure imperial weights at his fruit and vegetable stall.

But, despite winning the case and, this week, defeating Mr Thoburn's appeal, the council was not allowed to claim £96,000 it cost to initially bring the case to court.

Now the council is asking the Department of Trade and Industry (DTI) to pay its costs, meaning taxpayers' money will have to fund the prosecution - whether the Government department pays or not.

Neil Herron, who acts as spokesman for Mr Thoburn, accused the council of having "egg on its face" over the matter.

A spokesman for the council said: "The judge allowed the costs against Mr Thoburn for the appeal, but not for the original magistrates' court hearing.

"The council has always said that, because this was a national test case, costs of the process should not fall on council tax payers in Sunderland.

"We will therefore be renewing our request to the DTI for the costs of the magistrates' court case."

Mr Herron, himself a former market trader in Sunderland, said: "Questions should be asked by Sunderland City Council of their legal representatives.

"It seems a full team of lawyers forgot to apply for the costs.

"The council should never have brought this action anyway. Why couldn't they go to the DTI to clarify it in the first place?

"They were the ones who instructed expensive lawyers and tried to use costs as a weapon."

Mr Thoburn is considering taking his appeal against the conditional discharge brought against him in April to the House of Lords, the highest court in the land.