A couple whose evening out ended in the cells are suing Essex Police for damages.

Paul and Janet Peters, of Woodburn Close, Hadleigh are making a civil claim against the Chief Constable of Essex Police, David Stevens.

They are suing for wrongful arrest, false imprisonment and malicious prosecution, alleging that officers repeatedly beat Mr Peters on the arms and legs with batons.

The case, being heard before a judge and jury at Southend Crown Court, is expected to last a week.

Mr Peters, 38, told the court he went to Canvey with his wife, brother-in-law and two friends after celebrating his daughter's birthday at home on July 23 1996.

After drinking at the Oysterfleet pub, they went on towards the Haystack to catch a taxi home, but stopped first at a kebab shop.

There, said Mr Peters, he twice accidentally stepped on the toe of a woman customer who was in the shop with her daughter. A male customer waded in to help.

He said: "There were words, and I was punched on the back of the head.

"I turned round to see what was happening. There was a scuffle and we both ended up on the floor. We both got up and he was going to attack me so I punched him. It ended up that we shook hands and it was all forgotten."

The kebab shop proprietor had called police because of the fracas.

WPC Laura Heggie stopped Mr Peters and said she wanted to talk to him. He said that he replied that he didn't want to talk to her.

He said: "I wasn't being told why she wanted to speak to me and I didn't like the way she was asking."

He said police then set on him and hit him on the arms and legs more than ten times with batons, and wrestled him to the ground.

He was eventually charged with assaulting WPC Heggie, damaging property - her blouse - and was also accused of a public order offence.

When this case went to court, he denied all three charges and was acquitted.

The case continues.

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