THE judges in the case of York air enthusiast Andy Jenkins today retired to consider whether or not to send him for trial.

The three judges heard a 40- minute presentation from the defence lawyers saying why the group should be freed, and have now retired until tomorrow.

Defence lawyer Ioannis Zacharias said this afternoon he was "optimistic" that the right decision would be made.

"I would hope for a decision, possibly tomorrow but more likely Thursday or Friday," he told the Evening Press.

"The judges listened very carefully, but they will continue to discuss the matter tomorrow."

Mr Zacharias also brought in an independent espionage expert, to address the judges on why the conduct of the plane spotters did not mark them out as spies.

The exact nature of what the expert said would have to remain secret, Mr Zacharias added, but he said it was "very strong material".

The judges had received a recommendation from the public prosecutor to send Andy and the other 12 British plane spotters for trial.

The hearing followed two farcical delays earlier today. The first was a road blockade by Greek farmers complaining about subsidies, which almost prevented the lawyers from reaching court.

When they arrived, they found that the judges themselves were staging a two-hour strike over low pay rates.

Mr Zacharias said: "The judges listened carefully to the evidence, but did not indicate which way they were leaning."

Mr Zacharias outlined to the judges why he believed five of the group, including Andy, should be freed immediately. He is pressing for the five to be considered as unwitting accomplices to espionage, rather than conspirators.

Andy, he said, did not take photographs or questionable notes on his tour, and did not use a frequency scanner to eavesdrop on pilots' conversations.

The judges have three main options:

send the whole group for trial

send the most suspicious cases for trial, but free the five who have no connection to the charges. Those freed would be charged with a lesser offence than espionage, but may have to remain in Greece while the others are charged

release the whole group, which most commentators believe is unlikely.

Richard Howitt, MEP for the East of England, who is campaigning for their freedom, said: "Our hearts are in our mouths until tomorrow."

The plane spotters were arrested on November 8 at Kalamata airbase in southern Greece, where they were accused of taking photographs and notes of military aircraft.

All the group members deny the charges.

Updated: 15:13 Tuesday, December 11, 2001