A FARMER WHO caught two thieves stealing diesel from his shed has been left fuming because he has been told that they will not be prosecuted.

Three of the national papers report that the men were caught red-handed by David Kay who farms in Norfolk.

There were two independent witnesses to the incident and the police arrested both the suspects at the scene.

But the Crown Prosecution Service has said in a statement that there is “insufficient evidence to proceed with a prosecution”, reports the Daily Telegraph.

The CPS added this was due to the fact that there was “an essential legal element missing”.

Mr Key told the paper he was absolutely fuming and would like to take a civil action.

“I caught them red-handed pumping diesel into their van. How much more evidence do you need to prosecute someone?”

Mr Key is quoted in the Daily Mail and Daily Express as saying if it happens again he will “do a Tony Martin” and shoot any burglar he finds on his land.

“In future I am going to protect my property with my shotgun,” he told the Daily Express.

“I will do a Tony Martin next time because the police are a waste of time.”