London, Apr 26 : Use of a real truncheon by a male stripper who dresses as a policeman in his act is not offensive, according to Scottish prosecutors.
The ruling comes after Stuart Kennedy, a student whose stage name is Sgt Eros, was arrested on his way to an engagement in Aberdeen by two female police officers.
The cops watched his performance in a city pub to confirm his explanation for wearing a police uniform before he was charged with carrying an offensive weapon.
A sheriff threw out the charge at a lower court amid widespread criticism of the Crown for pursuing the case, but prosecutors decided to appeal against the ruling.
They told the Appeal Court in Edinburgh at an earlier hearing that Kennedy, 25, a genetics student and part-time strippagram, would not have been detained if his truncheon had been "floppy".
The Crown said there was an important principle behind the unusual case, as criminals should not be allowed to carry weapons by claiming they were going to a fancy dress party, reports the Telegraph.
But Lord Johnston, sitting with Lord Reed and temporary judge Gordon Nicholson QC, revealed that the Crown appeal would fail.
They had been expected to set a further date for the case, but announced instead that they had already made up their minds and would give their reasons later.
Brian McConnachie QC, for the Crown, had admitted during the appeal process that the decision to prosecute Kennedy had attracted a great deal of publicity, which was "fairly negative" as far as the Crown was concerned.
But he said that the strippagram did not need to carry a real police truncheon.
He also claimed that someone could tell police that they were going to a fancy dress party as a "ned carrying a flick knife".