03/26/2014 06:14 EDT | Updated 05/26/2014 05:59 EDT

Wrong eye colour sets robbery suspect free

Sean Frampton's brown eyes turned out to be critical Tuesday in winning his freedom from a charge of armed robbery.

Frampton, 25, had been charged with holding up a St. John's convenience store last November with a handgun.

A clerk testified that she was absolutely certain the robber was Frampton, but said that the thief's eyes were blue.

Because Frampton's eyes are brown, the lack of positive identification prompted the Crown to give up its case. A judge dismissed the charges against Frampton.

This was the second time that a case involving Frampton was dismissed.

Two years ago, the Crown withdrew charges against him when witnesses changed their stories.