Ex-police constable who caught estranged wife having sex with married inspector in Screwfix car park WON'T face re-trial over allegations he unlawfully wounded her lover - but will be sentenced for stalking her

An ex-police constable who caught his wife having sex with a police inspector in Screwfix car park will be sentenced for stalking her, a court heard. 

A Liverpool Crown Court jury had been unable to agree last month whether Gavin Harper had also unlawfully wounded his wife Stephanie's lover and the prosecution today told a judge that they did not intend to have a re-trial.

After no evidence was offered a not guilty verdict was recorded by Judge Charlotte Crangle who then ordered a pre-sentence to be prepared for his sentencing hearing on April 29 after he was convicted of stalking her.

She warned Harper, 45, a former police constable, of Ailsa Road, Liscard, Wirral: 'You have already been told as to the sentence to be imposed.'

When he was convicted the trial judge, David Potter, told him: 'You can expect to receive an immediate custodial sentence for your part in this stalking.'

Harper was further remanded on conditional bail. 

During his trial a jury heard that Harper had put a tracker on his wife's car, and found her having sex with acting police inspector Andy McLullich.

He used his mobile phone to film the half-naked couple and then flung open the rear door of McLullich's Kia Sportage 4x4 and, it was alleged, started raining punches on his love rival.

After 42-year-old Mr McLullich managed to get out of his vehicle and pull his trousers up Harper went to retrieve the hidden tracker.

While Mr McLullich tried to get it off him it was claimed Harper hit him on the head with a heavy torch causing two cuts which poured with blood and later needed six stitches in hospital.

Harper told the jury that he only hit Mr McLullich, who has since left the police force, three or four times in self-defence without a weapon and when Mr McLullich drove off he had no injuries.