A man has been cleared of possessing a pepper spray at his home after suggesting it could have been planted by police.

The prohibited weapon was found in a bedside cabinet at Tobe Leigh’s home in Glebe Lane, Barming, on March 27 2013.

Prosecutor Anwar Nashashibi said after Mr Leigh’s arrest he stated: “I didn’t know what you were talking about when you said firearm.

“I had forgotten about that. It must have been there five years. I am not even sure if it would work.”

The conversation was captured on CCTV at the police station.

“I had forgotten about that. It must have been there five years. I am not even sure if it would work” - Tobe Leigh

Mr Nashashibi said an expert stated the spray was non-lethal but was prohibited under the Firearms Act of 1968.

When interviewed, Mr Leigh had with him an “appropriate adult” to support him as a vulnerable person.

He claimed he did not recall saying the spray must have been there five years and he had forgotten about it. He said it was not his and he was not aware it was in the house.

“The issue is whether he knew he possessed it,” said Mr Nashashibi. “Forgetting is not a defence. It is not an excuse.”

Conducting his own case, helped by an appropriate adult, Mr Leigh denied possessing a prohibited weapon.

He told the jury at Maidstone Crown Court: “I am an innocent man being set up. My house was raided at night by eight police officers.”

Officers found the spray within minutes, he said. He believed the police placed it there.

“I have been recognised as a vulnerable person due to my ADHD,” he continued. “It causes me to be hyperactive and speak without thinking.

“I didn’t knowingly possess the pepper spray.”

Mr Leigh said he had a relationship with a Kent Police officer who stayed with him.

“I can speculate she left the spray at my home,” he said. “This case is about Kent Police potentially planting evidence in my house.”

Judge Jeremy Carey told the jury of seven men and five women after the not guilty verdict: “I have to say I have never had an experience like it. I would not wish to preside over another trial like that.

“It was an arduous experience for all of us. We really had to go the extra mile to ensure we didn’t have a confrontation that could get out of hand.”

Kent Police said it had not received a formal compliant.