A PENSIONER who accused a Gwent police officer of assaulting him in a court case in July is to sue the force after being cleared of all the convictions against him.

Robert Clive Whatley, 64, was convicted of using insulting words and behaviour and motoring offences at Abergavenny magistrates court last July.

The key witness in the case against Mr Whatley was PC Jonathan Ellis, from Abergavenny, who last week pleaded guilty to stealing £80 from a purse handed to him while he was on duty.

Ellis, 32, was caught in an undercover police sting after his own colleagues had raised concerns about his behaviour.

The charges against Mr Whatley followed an incident at his home in Four Ash Street in August 2003, when Ellis alleged in court he was verbally abusive after the officer spoke to him about an expired tax disc on his car. PC Ellis denied assaulting Mr Whatley.

But this week the Crown Prosecution Service told Mr Whatley that his pending appeal against his convictions would not be contested following Ellis' conviction.

A CPS spokesman said: "We are under a duty to keep cases under continuous review. Given recent events we felt that we would not be able to meet the code of Crown prosecutors and will therefore not be contesting the case."

The code is the threshold upon which the CPS believed a realistic conviction can be secured on the evidence before the court.

An internal police investigation cleared Ellis of assaulting Mr Whatley in August 2003, but he is now facing police misconduct proceedings following last Thursday's court case.

Mr Whatley said: "It is now my plan to commence civil proceedings against Gwent Police to seek substantial damages as regards the impact of the case on my health. However, I would like to make clear the respect I hold for police and the work they do."