after a two-day trial in Magistrates' Court.

Magistrate Edward King ruled that Simon David Carruthers, 29, was unduly provoked by Andrew McAllister, whom he hit during an incident on Front Street last year.

Mr. King said that there was "no onus on the defendant to prove his innocence, and he needed only to provide a reasonable doubt''.

Mr. Carruthers, of Arlington Avenue, claimed Mr. McAllister had grabbed his buttocks on two separate occasions during the early morning of November 1.

But the intoxicated complainant could not remember the two events, which occurred at the Oasis Club and outside the Bank of Butterfield. Crown Counsel Charmaine Smith relied heavily on evidence provided by eyewitness Mr. Stephen Emery to counter the defendant's claim of assault.

But doubt was raised when Mr. Emery admitted that he had turned away briefly at the time of the alleged second grabbing.

Mr. Carruthers, a local chef, said he "felt intimidated and feared an assault'', then "snapped and lost self-control'' after Mr. McAllister had groped his buttocks for a second time. He swung around and hit Mr. McAllister in the face with a closed fist "out of self defence''. McAllister sustained three facial fractures and a black eye.

But the Crown contended that Carruthers, who threw one punch, maintained his self-control throughout the incident. This argument was dismissed by Mr. King.

Mr. King also dismissed the Crown's claim that Carruthers' reaction was disproportionate to the provocation. Defence lawyer Mark Pettingill said that he was pleased with the outcome of the trial and did not expect his client to press assault charges against Mr. McAllister as previously thought.