A police officer is challenging a decision to suspend him from duty while he faces disciplinary charges in connection with a fatal shooting.

His lawyers say the suspension prevents Detective Chief Inspector Kevin French from retiring from Sussex Police and is "an unlawful mechanism" intended to ensure he faces disciplinary action.

If allowed to retire, Mr French would not have to face Police Complaints Authority disciplinary charges alleging neglect of duty arising out of the shooting of James Ashley.

Mr French was incident commander for the operation in January 1999 which ended with the shooting of Mr Ashley, 39, after police acted on intelligence that he was a violent drug dealer who may be armed.

Mr Ashley, of St Leonards, was unarmed and had been naked in bed with his girlfriend when police burst into his flat.

Giving Mr French permission to bring a High Court challenge against suspension yesterday, Mr Justice Stanley Burnton said he was "far from satisfied" Mr French had a good case but it was important the courts should determine whether the power to suspend under police regulations could be lawfully used to ensure that disciplinary proceedings could continue.

Mr French is also seeking damages for financial losses suffered as a consequence of not being able to retire on September 30, 2001.