Three senior Sussex Police officers were today cleared of misconduct charges brought after an unarmed man was shot dead.

A judge directed that the three officers be found not guilty of misconduct in public office after a three-year probe into the death of James Ashley, 39.

Mr Ashley was shot in a police raid on his flat in 1998. He was naked in bed with his teenage girlfriend when the officers entered.

Today's verdicts were entered on charges against Superintendent Chris Burton, 44, Acting Chief Inspector Kevin French, 48, and Detective Inspector Christopher Siggs, 42, after the prosecution offered no evidence against them.

Mrs Justice Rafferty, sitting at Wolverhampton Crown Court, said Sussex Police bore a "heavy burden" over the fatal shooting.

The judge said police experts who had been due to give evidence at the officers' trial believed permission for the "armed entry" should not have been sought or granted.

Nigel Sweeney QC, prosecuting, said the decision to offer no evidence had been taken because there was no longer a realistic prospect of securing convictions.

Mr Ashley died at his home in Western Road, St Leonards, Hastings, in January 1998 after being shot by police marksman PC Chris Sherwood.

PC Sherwood was cleared on May 2 at the Old Bailey of killing Ashley, a drugs suspect originally from Liverpool.

The charges against Burton, French and Siggs related to the planning of the operation that led to the shooting.

Burton was charged with misconducting himself by deliberately failing to make a true assessment of the intelligence and information, failing to make sure the operation had the necessary information at the planning stage and failing to consider the risks.

French faced similar charges plus failing to ensure proper procedures were followed, while Siggs was accused of misrepresenting intelligence.

At one stage the fallout over Mr Ashley's shooting led to the suspension of Sussex Chief Constable Paul Whitehouse.

In a statement released after the hearing, he said: "What has at last been established after 40 long months is that, tragic though this incident was, it was not a crime.

The legal process in the Ashley case has taken three years and four months and cost taxpayers about £5 million.

Home Secretary Jack Straw is said to be deeply unhappy over the delays and the dead man's family still intends suing Sussex Police.

Today's collapse is expected to lead to criticism of the Crown Prosecution Service (CPS) which brought the charges.

Today, the CPS said in a statement: "Continual review of the evidence has now persuaded counsel that it would be wrong to put this case before the jury."

The judge said the family of Mr Ashley must have been caused "misery" and had behaved with dignity throughout the various hearings.

But she went on to describe James Ashley as "a violent, dangerous and ruthless drugs dealer."

Outside court James Ashley's brother Tony, 32, said: "Jimmy had no convictions for drugs. I feel he is being maligned. He is being tried and convicted after they executed him."

A Sussex Police spokesman said today: "There are still disciplinary matters to be resolved and there is the possibility of civil action not only from Mr Ashley's family but from the officers involved as well. It's going to run and run."

After his Old Bailey trial, PC Sherwood said through his solicitor Ben Brandon: "The prosecution case against me was misconceived and wrong.

"I greatly regret that an unarmed man was killed by the shot I fired but I acted in an honest and measured way to protect my life."

The judge said the Crown's evidence, which she admitted was untested, was that inexperience had played a part in the tragedy.

Siggs had spent only days in his job in intelligence planning and French had "very limited" experience in his role on the day of the operation.

The solicitor acting for James Ashley's two children said a civil action would be launched alleging negligence against Sussex Police.

Mid Sussex Tory election hopeful Nicholas Soames said he was delighted with the collapse of the final criminal proceedings and that "justice had finally been done".

Margaret Johnston, chairman of Sussex Police Authority, said: "There are still many, many issues to be resolved in this case. I feel it would be wholly inappropriate for me to comment at this stage. It would not be fair."

After today's court hearing, the officers said in a statement: "We all wish to make it clear that we regret the death of James Ashley.

"In undertaking the armed operation on 15 January 1998 we were acting professionally, responsibly and diligently to safeguard the community in Sussex from dealers in hard drugs and violent criminals who were believed to have access to firearms.

"We are all relieved that after three years we have at last been exonerated."