Police officers grabbed hapless Shaun Phurprate and handcuffed him for making an obscene gesture in their direction, a court heard yesterday.

But the officers were criticised when Sunderland magistrates were told the deaf and dumb 22-year-old was trying to communicate in sign language.

In fact, the "obscene" two-fingered salute was the signal for: "I am deaf."

Mr Phurprate was celebrating his birthday in March when he was grabbed and handcuffed after police saw him eating a pizza in the middle of the road.

The officers claimed Mr Phurprate had used his fingers to make a rude gesture, but he was trying to explain that he was unable to hear them.

Mr Phurprate's younger brother, Michael, 20, tried to explain and was also arrested.

The brothers spent a night in cells at a Sunderland police station and were charged the morning after the incident.

But when the case came to court, magistrates launched a stinging attack on the officers who arrested the revellers.

Chairman of the bench Alan Le Marinel said he and his colleagues had "severe reservations" that Shaun Phurprate, who was charged with being drunk and disorderly, was correctly arrested in the first place.

He said: "He cannot possibly have understood any caution that was given or the reasons for his arrest.

"It is admitted he had a fair amount to drink, but he had stated he was not drunk and we have heard nothing to confirm he was. He certainly was not disorderly."

Mr Marinel told Michael Phurprate: "Understandably, you will have been quite aggrieved at two officers grabbing your brother and handcuffing him."

The magistrates took just seconds to clear Shaun, of Downhill, Sunderland, of being drunk and disorderly.

An allegation against Michael of causing harassment, alarm or distress was also thrown out.

Police declined to comment after the case.