A TRAVELLER who was subjected to abuse in prison because of his cultural background will walk free despite drunkenly trying to burgle a flat.

When Jimmy Kerrigan, 20, arrived at the door of a flat in Military Road, Colchester, he had a Stanley knife stashed in his pocket.

It was around 4.30am, and the resident of the flat was preparing to start his shift as a lorry driver.

When he heard the back door rattling he unlocked it, as he was expecting his son to arrive at any moment.

As he walked back into his flat, the victim heard a voice say "you took your f****** time, do you live in this flat? Get in here."

Emma Nash, prosecuting at Ipswich Crown Court, said: "At that point he saw Mr Kerrigan in the hallway holding a large, metal bar in his hand.

"He said he was totally shocked by what he saw.

"He realised he had made a mistake by opening the door and allowing him in."

The victim made a run for it, sprinting to a nearby car park and leaping in front of a passing car to alert the driver.

He used the passer-by's phone to call the police.

When Kerrigan was arrested, he was carrying the victim's stolen mobile phone and the knife was still stowed in his back pocket.

Kerrigan admitted burglary and possession of a knife.

Peter Clark, mitigating, said if his client had been carrying a metal bar, it wasn't used as a weapon and must have been carried to gain entry to the property.

He urged the judge to let the traveller.continue his recovery from drug and alcohol abuse as a free man.

"The knife is on his person during the commission of the burglary, but that's it," he said.

"He has had a dreadful time in custody, it has been very hard for him.

"He is a member of the travelling community.

"That, most regrettably, has attracted prejudicial abuse and verbal abuse.

"It has effected his participation in activities in custody.

"Because of his cultural background it has been very hard for him."

Judge David Goodin said the thief's mother had written him a "very articulate" letter, which he took into account when imposing his sentence.

He sentenced Kerrigan to 18 months imprisonment, suspended for two years.

He must complete a nine month drug rehabilitation programme and 100 hours of unpaid work.