Fruit shop safe thief loses appeal
A FATHER of two accused of stealing $8000 from a safe at a Toowoomba fruit shop has lost his appeal.
Larry Enrico Pucci was convicted of burglary after a trial in March but argued in the Queensland Court of Appeal that the verdict was unreasonable and unsafe.
Pucci, who was living in Toowoomba at the time but has also lived in the Ipswich area, has always denied he broke into Miller's Fruit Barn in the early hours of March 11, 2010, and stole the money.
His blood was smeared on a piece of white paper found inside the store's safe.
Pucci had been drinking during the evening before and accepted he put his foot through the shop's window because he was frustrated about being unable to call anyone on his phone.
He claimed he later saw he had blood on his hand after scratching his foot and realised he had cut himself.
Justice John Muir, in a judgment handed down on Friday, said the judge had given the conventional direction about circumstantial evidence and had not erred.
The fruit store owner said the safe door was definitely closed and his normal practice was to lock the safe but he had no recollection of whether he did by the time of trial.
There was no evidence the safe was forced.