BUSINESSMAN Richard Smith, 58, says he will sue police who sold his stolen jet ski.

The £3,500 jet ski was stolen five years ago in Gloucester and it was only thanks to Mr Smith's own detective work it was located.

However, Gloucestershire police then impounded it – saying it was needed for evidence.

Then when Richard's friend went to collect it, the police demanded a storage fee of £1,200.

Father of four Richard refused to pay and the dispute continued until the police sold the jet ski to recover the costs they claim to have incurred by storing it.

Now Richard, who lives in Florida, said he has instructed an attorney in the US to begin legal action against the constabulary for the value of the jet ski – about £3,500.

He said: "As far as I'm concerned the police owe me £3,500 for the value of the jet ski which they sold."

Richard had brought the jet ski to England while he was on a prolonged visit to his terminally ill father five years ago.

In July 2004 it was stolen from the garage where he was storing it at his sister's home in Tuffley.

On a visit to England three years later, Mr Smith called at a garage in Eastern Avenue, with his wife Cheryl and spotted a jet ski which he quickly recognised as his own.

He said:"An officer came and once I had proved to him that it was mine he told me it would have to go into police safe keeping.

I said n I wanted to take it with me. But he said they would have to have it as evidence. I was informed it would be returned to me as soon as the case was settled.

"A family member who acted as my agent after I went back to the States was advised many weeks later that it could be collected. You can imagine my shock when I was told there was an outrageous fee to be paid in order to retrieve my own property.

Gloucestershire police say they were within their rights to sell the jet ski to recoup storage costs which had been charged at £12 a day since August 9 last year when they notified Mr Smith he could collect it.

A spokeswoman said: "We are duty bound to check the rightful ownership of found stolen property before it can be returned"

"We must stress, however, that no charge was levied on Mr Smith during the period that his jet-ski was being retained for this purpose.

"On July 8 last year we received confirmation that he is, indeed, the rightful owner. He nominated a local resident to collect it on his behalf and she contacted us on August 9.

"After some time she had not collected the jet ski and, concerned about the increasing bill, we made attempts to contact Mr Smith. We were told he had nominated another person.

"We could have started billing Mr Smith once we had received confirmation it was his and he had been notified it was ready for him to collect but, as he was out of the country, extra time was allowed.

"A 27-year-old local man was arrested, on August 2, 2004, on suspicion of handling stolen property in connection with Mr Smith's jet-ski, but there was insufficient evidence for a charge to be brought."