The family of a 22-year-old man who died in South Wales Police custody on Christmas Day four years ago say they plan to sue.

The announcement follows a decision by a judge to order a fresh inquest into the death of Jason Tristram, also known as Jason Powell, in 1996.

The police had sought a judicial review after an inquest jury had found that his death had been "contributed to by neglect".

The family's legal action however will not proceed until the conclusion of the new hearing.

In October last year, High Court Judge Mr Justice Jackson overturned an inquest jury's verdict into the death of Mr Tristram from a drug overdose at the city's Cockett Road police station.

The coroner, the judge ruled, had incorrectly directed the jury on the legal definition of "neglect", and on the need for a "clear and direct causal connection" to be proved between any alleged neglect and Mr Tristram's death.

But he rejected South Wales Constabulary claims there was no evidence neglect had played any part in the death and that the issue should never have been left to the jury.

'Public interest'

Ordering a fresh inquest, the judge said: "It is most unfortunate that police officers, who may ultimately escape all blame, will have to undergo the stress of a second inquest."

But he added: "The public interest in proper investigation of deaths in custody must prevail."

The judge stressed that whether the original finding of neglect was right or wrong it was a matter for the new inquest jury.

He said Mr Tristram had been in trouble with the police before his death and had a drug problem for which he had been prescribed medication - codeine, dihydrocodeine and diazepam - by his GP.

He added it appeared that Mr Tristram had consumed an excessive quantity of the prescribed drugs on Christmas Eve 1996, and mixed them with a substantial amount of alcohol.

'Very drunk'

At around 2300GMT, four police officers found him slumped on the pavement outside the City's Kingsway Diner and formed the view he was very drunk.

It was decided to keep him in custody overnight so he could sober up.

Before he was taken to a cell, he was searched by a probationary police constable, but the judge remarked: "It appears the search was brief and perfunctory."

The search failed to reveal two bottles inside his jacket pocket - containing codeine and dihydrocodeine tablets he had obtained on prescription earlier that day.

During the night, officers made a number of routine visits to the cell and Mr Tristram was heard to "grunt".

At 0815GMT he was found to have no pulse. Attempts to resuscitate him were made, but he was dead on arrival at hospital.