Lawyers for the men who are believed to have walked almost the entire length of the Channel Tunnel are now preparing for a legal fight to have the case thrown out.

Sudanese Abdul Haroun, 40, was arrested after allegedly travelling from Calais to Folkestone along a line where trains travel up to 160 kph.

Now prosecutor Philip Bennetts QC has told Canterbury Crown Court that the CPS is pressing ahead for a trial under the 1861 Malicious Damage Act.

But defence barrister Benjamin Narain said before any trial – which is expected in June – there will be legal argument, which is believed to be an abuse of process argument.

Haroun was given refugee status on Christmas Eve and has been granted bail until a hearing in March.

In a separate case Iranians Payam Moradi Mirahessari, 25 and Farein Vahdani, 20, both pleaded not guilty to a similar charge.

They, too, were arrested after allegedly walking the tunnel last year and will also have to appear in court while their lawyers prepare a similar legal case for the judge to dismiss the case.

They were remanded in custody.