A FORMER police officer's bid to market a defence spray left him 'a broken man' after falling foul of the law, a court heard.

Ex-Durham Police sergeant Bob Gardiner, who quit the force on medical grounds after 18-years' 'exemplary' service, ploughed much of his savings into marketing a repellent spray for women and shop workers in case of attack.

But, after a lengthy legal fight, he finally admitted that the Feel Safe defensive perfume spray, emitted by a canister device, could be classed a 'noxious substance,' as it could be defined 'unwholesome.'

He was acquitted on a judge's direction after a previous bid to prosecute him at Durham Crown Court, in December 1997.

But he came back before the court this week to answer similar charges.

After a day-and-a-half of legal argument, Gardiner, 53, of South Way, Lanchester, pleaded guilty to possessing a prohibited weapon, a device emitting a noxious substance, without the Home Secretary's permission.

A formal not guilty verdict was recorded on a second charge of selling or transferring such a device.

The court was told within weeks of the 1997 hearing, police seized 4,904 canisters of defence spray from his car in Burslem, Staffordshire. David Callan, prosecuting, said scientific analysis at Porton Down defence establishment, in Hampshire, revealed the spray emitted contained traces of 'noxious' chemicals.

Anthony Braithwaite, for Gardiner, said as a result of the long legal fight Gardiner has been left a broken man, who has received psychiatric treatment for depression.

He said Gardiner was nave in his dealings after being persuaded to become a marketing executive by a principal in the company who told him the product had been examined and approved by police.

Judge Judy Moir said despite his best intentions, in the wrong hands the spray could be used as a weapon, rather than for defensive purposes.

Gardiner was given a two-year conditional discharge, but was ordered to pay £2,000 court costs.