THE FAMILY of a Newport man, who died in police custody, is calling on the CPS to reconsider its decision not to prosecute.

Andrew Sheppard, 22, of Bristol Street, was found unconscious in his cell at Newport Central police station at 10.39am on October 1, 2006, after being arrested under the Mental Health Act the night before. He was pronounced dead at the Royal Gwent Hospital at 1pm.

A jury at Gwent Coroner's Court returned a verdict of misuse of drugs with gross failings in the system and level of care being a contributing factor.

During the inquest the four custody sergeants on duty while Mr Sheppard was detained admitted failing in their duty of care towards him.

Following an Independent Police Complaints Commission report, a file of evidence was sent to the CPS to consider, but there was insufficient evidence to proceed with any charges.

Now Mr Sheppard's family are calling on the CPS to reconsider that decision, which was made before the inquest jury reached its verdict.

A statement said: "After nearly five long years of trying to reveal the truth about why Andrew died in police custody we have finally got some answers. The inquest jury confirmed that there were gross failings by both individual police officers and the systems operated by Gwent Police.

"Andrew's detention was for his safety in a place of safety. We were advised this was the starting point to get the professional help he needed and wanted. We tried desperately to seek professional help for Andrew. Gwent Police let our family down and contributed to his death in custody."

The family said they hoped the CPS would review the new evidence from the inquest and ensure the officers involve face criminal proceedings.

A CPS spokeswoman said: “Now that the inquest into the tragic death of Andrew Sheppard has finished, the CPS will consider any new evidence which came to light during the inquest and which might affect our earlier decision that there was insufficient evidence to bring any charges."

She added that the CPS will write to Mr Sheppard's family to inform them of any decision made.