A MAN who was imprisoned for nearly three months after he was charged with his father's murder but who has never been brought to trial now plans to sue the police.

Mr James Donaldson was held after the death of his father, a security guard, in 1995.

Fifty-nine-year-old Harry Murray collapsed into a coma after he was beaten while on night guard at the Van Leer Tay factory in Dundee.

He never recovered consciousness and died in hospital five days later.

His son, now 32, was charged with murder on June 23. He was remanded at Perth Prison, but after 83 days was released without explanation.

No further action has been taken in the case, but the Crown Office has refused to drop charges officially.

Now, almost three years later, Mr Donaldson fears he could be taken back to court at any moment, and has decided to take legal action against the police.

He said: ''The Crown Office has refused to clear my name.

''My father's death was a terrible shock, but to be charged with murder when I am innocent is even worse.

''To have the charges still hanging over me after all this time is unbearable. These three years have been the longest of my life.''

Mr Donaldson, a telephone operator from Dundee, added, ''I co-operated with the police at every stage of their inquiries but they treated me appallingly. But now my solicitors have recommended that I sue Tayside Police for wrongful arrest.

''It was the police that initiated the charges against me. But if there had been any substance to those charges, I would have been in court by now.

''Every other measure has failed, but if the police would concede that they had done wrong, that would be the first step towards clearing my name.''

Mr Donaldson's mother, who separated from his father, an alcoholic, almost 20 years ago, has stood by him throughout his ordeal, even though this has caused a family rift.

She said: ''I've always known James wasn't guilty.

''My support for him means my daughter won't speak to me and I never get to see my grandchildren. But I believe in James and because of that I have to stand by him.''

Mr Donaldson is also worried that the Crown's refusal to drop charges against him means that his father's killer will not be brought to justice.

He said: ''If charges against me have not been dropped, then presumably the police are not following any other line of inquiry.

''I am innocent, but whoever is responsible is at liberty and not even being pursued.''

Last night, Dundee East MP John McAllion called for the Crown Office to make its position clear.

He said: ''Innocent until proven guilty is the keystone of the law. If there is insufficient evidence to prosecute Mr Donaldson, then he has to be presumed innocent.

''The Crown Office has refused to clear Mr Donaldson's name, but has refused to give any reason.

''It is right that the Crown Office should be independent of politics. But it is unacceptable, in a democracy, that such an important organisation should remain so totally unaccountable.

''It is unfair that he should be made to live his life with the continual threat of court action hanging over him.''

A Crown Office spokesman yesterday confirmed that charges against Mr Donaldson had not been dropped and that he still faced the possibility of a trial.

A spokesman said: ''The case was fully investigated but on the basis of evidence available, Crown counsel were unable to proceed.''

Normally, the Crown must abandon a case if a trial has not been arranged within twelve months of the accused being charged.

However, the Crown Office spokesman yesterday explained: ''The Crown reserves the right to ask the High Court for a retrospective extension to the statutory time limit should circumstances change.''