A MAN accused of a South Tamworth break-and-enter has been allowed to walk from prison after the charges against him were dropped in court.
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Anthony Shillingsworth appeared via video link in Tamworth Local Court last week on a lone charge of aggravated break-and-enter and commit serious indictable offence while people are there.
When questioned by magistrate Julie Soars where the case was up to, DPP solicitor Kat McKay said it wouldn't be proceeding.
"[The matter] is listed for charge certification but the DPP are not certifying the charge, the charge will be withdrawn," she said.
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Shillingsworth has been in custody for close to four months.
"I'll mark that charge as withdrawn and dismissed," Ms Soars told Shillingsworth.
Shillingsworth was arrested at a Veness Street home by police from the Western Region High Risk Offender Team in mid-April.
"That is the only matter Mr Shillingsworth is being held in custody on," Shillingsworth's solicitor Garry Johnston told the court.
"Ultimately, that means Mr Shillingsworth will be released today."
Police had arrested Shillingsworth, alleging a forensic hit from evidence found at the scene connected him to a break-and-enter in Garden Street on January 29..
Officers had claimed the 30-year-old broke into the house and stole a number of personal goods and later fled.
Police said at the time Shillingsworth was wanted on outstanding matters. He was arrested on the break-in charge as well as DV-related offences.
He denied the charges, which have been dealt with by the court, allowing him to walk from custody.