`Five Bellies' is free for appeal

JIMMY GARDNER, the best friend of the footballer Paul Gasgoigne, was released from Durham Prison yesterday less than 72 hours after he was jailed for a firearms offence.

A judge imprisoned Gardner, 34, for six months on Friday at Newcastle Crown Court after he admitted carrying an unloaded air pistol to frighten a gang of youths who had been taunting him about his size. He was granted bail yesterday at the High Court pending an appeal hearing over his sentence.

Gary Lux of the London solicitors Clintons, the same firm used by Paul Gascoigne, said his client, known as Five Bellies, would have been released earlier if the Crown Court judge had not refused a bail application made on Friday afternoon. That decision was overruled by Mr Justice Curtis yesterday. Mr Lux said the High Court judge accepted that if Gardner had not been granted bail he would have spent three weeks in custody before the court could rule on the appeal. "If the judge decides that custody should not have been imposed," said Mr Lux, "he would have served three weeks unnecessarily."

Gardner's application was made in chambers by William Clegg QC, the barrister who last month was reported to have agreed to represent President Slobadan Milosevic, should the Yugoslav leader appear before a war crimes tribunal.

Gardner, who grew up with Gascoigne in Gateshead, Tyne and Wear, was clearly shocked at being jailed. Friends, including the Virgin radio DJ Chris Evans, had written character references for Gardner. But Judge Guy Whitburn said the use of firearms was too prevalent in society.

Gardner had been drinking for the first time in eight months when the incident happened on May 19. The court was told he "snapped" when youths called him a "fat bastard" near his home.