No action is to be taken against the police officer in charge at the scene of the James Ashley shooting.

His family has been told Superintendent Chris Burton will not face disciplinary action by Sussex Police.

Pauline Ashley, the dead man's sister, immediately called on Home Office Minister John Denham to hold a public inquiry.

Mr Ashley, 39, was unarmed and naked in bed when he was shot dead by a police marksman during a drugs raid on his St Leonards flat in January 1998.

PC Chris Sherwood was later cleared of unlawful killing during a trial at the Old Bailey.

Supt Burton, 44, and Chief Inspectors Kevin French, 48, and Christopher Siggs, 42, were later cleared of misconduct during a trial at Wolverhampton Crown Court.

The three also faced a total of 15 disciplinary charges brought by Sussex Police in connection with the incident.

A Sussex Police spokeswoman confirmed two charges of neglect of duty against Mr Burton had now been dropped.

The remaining 13 charges against Mr French and Mr Siggs still stand.

One of the officers faces three charges of neglect of duty and six of "making falsehoods".

The other faces four charges of neglect of duty but the spokeswoman could not confirm which officer faced which charges.

News that Mr Burton no longer faced action was broken to Mr Ashley's family in a letter from Sussex Assistant Chief Constable Tony Toynton.

Speaking exclusively to The Argus from her home in Liverpool, Pauline Ashley said: "So far, nobody has been held responsible for my brother's death. There is no doubt in our minds that the other officers involved will also not have action taken against them.

"This couldn't-care-less attitude does not reassure this family or, I'm sure, the public that action is being taken to prevent a tragedy of this enormity happening again.

"If the Government and Sussex Police believe that by wearing people down they will go away, they should think again.

"It makes us more determined, bitter and angry to continue our fight for justice for Jimmy Ashley."

Miss Ashley added: "We have written to John Denham in the hope that he will support us in our fight for a public inquiry."

She said Mr Denham had last year told the family that Sussex Police had taken action to restore public confidence in the force and that disciplinary proceedings would be taken "where such actions were merited".

A statement from Sussex Police said: "Following the fatal shooting of James Ashley in January, 1998, and the subsequent criminal trials which collapsed in May 2001, three Sussex Police officers have discipline charges outstanding against them.

"Sussex Police has been reviewing the charges against the officers in preparation for the disciplinary hearings.

"As a result of this review process it has been decided not to proceed with the charges against Superintendent Chris Burton.

"The Police Complaints Authority accepts this course of action and agrees it is appropriate.

"Charges against DCI Kevin French and DCI Chris Siggs still stand."

A Home Office spokeswoman said: "We have not ruled out a public inquiry and will listen to the family's concerns."

Home Secretary David Blunkett last year criticised Sussex Police over its handling of the shooting and subsequent investigation.