Paul Powell, 21, came to the attention of Judge Geoffrey Kilfoil at Cardiff Crown Court last week when he could not contain his appreciation of the charms of Alexa Hamley.
His whistle, delivered as Miss Hamley, 22, and her fellow jurors returned to court to give their verdicts, led to the judge ordering that Powell, who had been sitting in the public gallery, should be jailed for 14 days for contempt of court.
Yesterday Lord Justice Staughton, sitting with Mr Justice Popplewell and Mr Justice Laws, said Powell was guilty of contempt but the sentence was 'inappropriate'.
The judges said they would not impose any other penalty on Powell, of Heol Trelai, Ely, Cardiff, who spent a day in custody before being granted bail, and ordered his release.
Lord Justice Staughton said: 'Disorder in court is not uncommon these days and it must be discouraged.' He added that Powell's case could have been dealt with by a fine or by detaining him in the cells over lunch or until the end of the day.Reuse content