Lawyers have decided to take no action against a former policeman alleged to have assaulted a photographer.

The Crown Prosecution Service (CPS) yesterday announced it would not bring any criminal prosecution against David Freeman, the long-term partner of Lewes District Council leader Ann de Vecchi.

Freelance photographer Eddie Mitchell, 40, said Mr Freeman attacked him in December last year when he called at Coun de Vecchi's Lewes home with a reporter from The Argus.

Mr Mitchell claimed Mr Freeman assaulted him in his car, damaged the door of the vehicle and punched him, leaving him with a small cut under his eye and bruises.

He said he has had to buy a new car as he feared he would become uninsurable if he claimed the damage on insurance.

He said: "We have got pictures of the assault so we have evidence, and there was a witness. It's unbelievable.

"I'm just absolutely devastated. All we did was ask if his partner was in. I don't see how that deserves me getting a kicking and costing me £1,000.

"I'm worried about this setting a precedent. If people think they can attack photographers doing their job."

The alleged incident happened when Mr Mitchell and a reporter from The Argus called to speak to Coun de Vecchi about the council's decision to challenge plan for Brighton and Hove Albion's stadium in Falmer.

Mr Mitchell said Mr Freeman answered the door and said he could not say whether or not Coun de Vecchi was at home.

Mr Freeman is said to have told the reporter: "Leave, before I cut your b******s off," and then ran at the photographer's car.

Mr Mitchell said he would refer the case to the head of the Sussex CPS and take it further if the same decision was then made. Mr Mitchell is also taking advice as to whether he has sufficient evidence to bring a civil action and win damages for assault or negligence.

A CPS spokesman said: "After careful consideration of all the evidence, including witness statements and photographic evidence, by a senior crown prosecutor, we gave the police our advice that there is insufficient evidence for a realistic prospect of conviction."

Mr Freeman served with Sussex Police for 25 years. He was Chief Superintendent of the North Downs division from 1987 until his retirement in 1990.

After retiring he acted as treasurer of the Sixth Lewes Sea Scouts. He did not wish to comment on the CPS decision.

A spokesman for Sussex Police said: "Sussex Police has been investigating an allegation of assault that happened on December 6, 2005, outside an address in Southover High Street, Lewes.

"The papers were submitted to the Crown Prosecution Service for consideration.

Their decision is that no further action is to be taken."

A spokesman for the National Union of Journalists said: "Any photographer who is carrying out their job with the public should be protected.

"I find it strange that with the amount of accumulated evidence available the CPS is not going ahead with the case."