A RETIRED businessman who claims he was maliciously prosecuted by police over the murder of his wife has lodged a claim against the force.

Peter Heron's legal advisors say they have written to Durham Constabulary following a decision to drop the case against the 70-year-old.

But the force said last night it had not received the letter from solicitor Peter Wishlade, which is understood to contain what he would only describe as "a civil claim".

Mr Wishlade told The Northern Echo yesterday that a meeting with Mr Heron and his barrister resulted in them issuing the lawsuit against the force.

He would not comment on the nature of the claim, and would say only: "We have written to the police, making a civil claim, for what I am not prepared to say."

Following the dramatic halting of the prosecution last month, Mr Heron claimed he had been the subject of a police vendetta and would be considering suing the force.

The Echo revealed that the Crown Prosecution Service (CPS) had decided to discontinue the prosecution, only months after three-times married Mr Heron was arrested as part of the 15-year inquiry.

Mr Heron's second wife, Ann, 44, was found in the garden of their home near Darlington on the hottest day of the year, in 1990.

Mrs Heron's throat had been cut as she sunbathed - but despite one of the biggest manhunts ever mounted in County Durham, the killer was never found.

Last November, former haulage company boss Mr Heron was arrested at his home in Scotland and charged after being brought to the North-East to be questioned.

He made several court appearances before a review of the case by a leading barrister and forensic expert resulted in the CPS being advised to discontinue proceedings.

Durham Police said claims that Mr Heron had been the subject of a malicious prosecution were "wholly and entirely wrong".

They said the decision not to go ahead with the prosecution was reached after new evidence came to light that meant there was insufficient to substantiate the charge.

Civil claims can be taken against chief constables or any officer or a force when financial compensation is sought for injury suffered as a result of an alleged act or omission; where a claim is made for the return of property; where a declaration is sought about a person's rights; or when an administrative decision taken by the police is challenged.

Claims can also be made for wrongful arrest - known as false imprisonment - and for malicious prosecution, and are heard at county courts in front of a jury.

The Judicial Studies Board (JSB) says malicious prosecution involves both "a dishonest and an unreasonable prosecution".

The JSB says a claimant has to prove that he was the subject of a criminal prosecution that ended in his favour either by abandonment, verdict or on appeal, and that the prosecution was initiated or continued by a police force.

If Mr Heron pursued a malicious prosecution claim, he would also have to prove that the police were motivated by malice rather than a proper desire to initiate the criminal process.