A BURGLAR found in a locked toilet called out ‘I’m busy’ when challenged by the returning homeowner, a court heard.

Samuel Harvey is then claimed to have armed himself with a towel holder during a stand-off as frightened residents confronted him with a frying pan and a kitchen knife.

Despite offering £2 to be allowed to leave, a jury was told, police arrested the 31-year-old of Cricket Road, Oxford, and he was charged with the break-in.

He later claimed he was only there because he wanted to use the toilet.

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Harvey denies one count of burglary and his two-day trial at Oxford Crown Court began today.

Outlining the case prosecutor Alexandra Bull told a jury of seven women and five men that the burglary took pace on Cowley Road, Littlemore, on December 26 2018.

She said two occupants had gone out for about 30 minutes before returning to their home at 8.15pm.

One of the pair - Ramon Lopez - went upstairs and immediately noticed a light was on in a bathroom.

Ms Bull told jurors that on trying the door Mr Lopez realised it was locked and there was someone inside.

She said that Harvey - who does not dispute he was present at the scene - told him ‘busy’ and claimed he was not a thief, he was an artist, and just wanted to use the toilet.

Recalling the incident from the witness box Mr Lopez said: "I got really shocked and really scared I'm not going to lie.

"I didn't know who was there or how many people were there, so I shouted to my colleague and asked for help."

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Mr Lopez told jurors he pulled the handle to prevent Harvey from leaving and his friend called the police while also bringing a knife upstairs from the kitchen.

He went on: "I said 'what are you doing in my house, why are you here,' so he said 'I am not a thief, I just came because I have to use the toilet.'"

Mr Lopez said Harvey became 'nervous and aggressive' before grabbing a towel hanger and then a mirror.

He said Harvey offered him £2 before the police arrived and he was later arrested.

Jurors heard that during his police interview he admitted entering the address and said he was only there to use the toilet.

Harvey claimed he felt scared when he heard the occupants return and so he locked himself in the bathroom. He denied having any intention of stealing from the home.

Prosecutors called the explanation ‘a somewhat incredible excuse.’

The trial continues.