AN out of work Eastern European farm worker has been jailed because he refused to wear second hand boots to carry out community service.

A judge replaced an 80 hour work order for smashing up a charity shop with four weeks in prison after the Lithuanian, Marius Volchinas, refused to wear second hand safety boots.

Volochinas had been sent home from his unpaid work session when he refused to wear the boots that had been worn by others.

“He had genuine concerns for his own health and safety,” solicitor David Chapple told a District Judge.

“He has a strong and unshakeable view that it is not reasonable to ask him to wear footwear that other people have worn.

“He says that if the same situation occurred again, he would do the same thing.”

Judge Ken Sheraton suggested that Volochinas should spend less on drink and buy his own boots - but Mr Chapple admitted that his client had done nothing to acquire his own boots.

Volochinas, 32, of Blencowe Terrace, Wisbech, was given an 80-hour work order back in June, for smashing the window of a charity shop. He admitted breaching the order by failing to wear the boots, and having to be sent home.

The Judge sitting at Wisbech courthouse was also told that Volochinas had failed to pay �200 compensation and �85 costs he was ordered to pay for smashing the window; and he had failed to pay other fines and costs totalling �475, imposed when he failed to pay a train fare.

Volochinas told the court he had served five weeks in jail, so was unable to earn cash to pay the fine.

The Judge revoked Volochinas’ work order, and re-sentenced him to four weeks in jail for smashing the charity shop window. He was given a 28-day concurrent sentence for not paying his fines.