CAMPAIGNING dad Thomas Killoran has spent £81,000 trying to gain justice against those he accuses of stealing and stripping down his dead son's motorbike.

Now he says he is "ecstatic" that he will finally have his day in court.

The Royal Courts of Justice in London have quashed the decision by a judge who threw out a private prosecution made by Mr Killoran.

Mr Killoran (48) of Bolton Road, Radcliffe, lost his 25-year-old son Anthony in September 1995 when a car collided with his Yamaha bike in Newport, Gwent.

He claims that after the machine was recovered by police contractors, Walls, it was sold on illegally. When the bike was retrieved by him several weeks later, many parts were missing.

He complained to Gwent Police, but after an investigation the Crown Prosecution Service advised against prosecution.

Walls Truck Services had the exclusive contract with Gwent Police. Mr Killoran took out a private prosecution against the firm's owner, John Wall, and Mark Guest, an employee of the firms and the son of a Gwent Traffic Police officer, who bought the bike and sold it on.

Mr Killoran said: "I placed the private prosecution on September 4 last year, a poignant date as it was the sixth anniversary of my son's death. It took me so long because I had to investigate and collect my evidence ."

But in March, at Cwmbran Magistrates Court, stipendiary magistrate district judge Jill Watkins threw out the prosecution because she said the delay may have caused memories to fade and this would prejudice the accused, who both pleaded not guilty.

"I made subsequent investigations and discovered that there was a legal precedent whereby the clock doesn't start ticking on matters like this until a summons is issued, not when a person or persons are interviewed by police," said Mr Killoran.

"Armed with this information, my barrister argued my case, resulting in Judge Watkins' decision being quashed. It means Wall and Guest will now stand trial and I will have my day in court. I am absolutely ecstatic."

In a separate move Mr Killoran has issued a civil writ against Gwent Police for negligence, dereliction of duty and failure to show a duty of care.