A JOKER who was sprayed with CS gas after squirting a policeman with a water pistol has had charges against him dropped on a legal technicality.

Gary Parker, 27, of Bondisle Way, Stanhope, County Durham, squirted a lone officer's police van during a water fight at his mother's birthday party.

It happened outside his parents' pub, the Bonny Moor Hen, near the Market Place in Stanhope, on August 3 last year. The officer said the water hit him in the face, temporarily blinding him and knocked his sunglasses off.

PC Frank Hewison got out of the van and told him he was under arrest, but when Mr Parker protested and said he was only joking, the officer used his CS spray.

His mother, Margaret, 48, said the officer turned his spray on her after her son screamed out in pain.

PC Hewison said both Mrs Parker and her husband, George, were trying to prise their son from his grip so he could get free.

Gary Parker was arrested and appeared before Darlington Magistrates' Court yesterday charged with resisting arrest and interfering with a motor vehicle.

His parents were charged with obstructing a police officer.

John Turner, defending, called for the charges relating to Mr Parker and his family to be dropped.

He said that as they were arrested under the Public Order Act, a warning about their behaviour should have been given first.

Mr Turner said: "It was an unlawful arrest and the officer had no power of arrest.

"There has to be a warning not to continue with his behaviour.

"That officer was acting unlawfully when he took hold of Gary Parker and tried to take him towards his car."

Chairman of the Bench Ruth Dent agreed and the charges were dropped.

Mr Parker denies the only remaining charge of interfering with a motor vehicle and this part of the hearing will continue today.

The court heard he had sprayed family and friends with the powerful Super Soaker, as well as a number, of other passing cars before turning it on PC Hewison.

Mr Parker said: "I thought he would see it as a bit of fun. I didn't see it as something dangerous. I couldn't believe it when he said he was going arrest me. I was only having a laugh."